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TRUE COPY 

O F T H E 

LAST WILL 

AND 

TESTAMENT 

OF HER GRACE 



) late DUCHESS DOWAGER 
of MARLBOROUGH: 

WITH THE 

CODICIL 

Thereto Annexed. 



LONDON: 

Printed for M. COOPER, at the Globe in 
Pater-nofter-Row. 1744. 

(Price is. bd.) 



TRUE COPY 

O F T H E 

Laft Will and Teftament 

OF HER GRACE 

SARAH, l^te DUCHESS DOWAGER 
of MARLBOROUGH. 

THIS is the laft Will and Teftament 
of me, Sarah Duchefs Dowager 
of Marlborough y made this i ith 
Day of Auguft y in the Year of our 
LORD 1744. Firft, My Will and Defire is, that 
1 may be buried at Blenheim^ near the Body 
of my Dear Hufband John, late Duke of 
Mar/borough ; and if I die before his Body 
is removed thither, I defire Francis, Earl 
Godolpbin, to direct the fame to be removed 
to Blenheim aforefaid, as was always in- 
tended. 

And I direct, that my Funeral may be 
private, and with no more Expence than De- 
cency requires. And I direct that no Mourn- 
ing be given to any other Perfons, except to 
B i'uch 






fuch of my Servants who (hall attend at my 
Funeral. 

As concerning my Eftate, I give the fame 
in Manner and Form following j that is to 
fay, I do hereby give, devife, and bequeath 
unto the Right Honourable Hugh Earl of 
Marchmont, and Beverjham Filmer of Lin- 
coins Inn in the County of Middlefex Efq; 
their Heirs and Affigns, for ever, All and 
every my Manors, Parfonage, Re&ory, Ad- 
vowfons, Mefluages, Lands, Tenements, 
Tythes, and Hereditament* in the fevcral 
Counties of Surry, Oxford, Buckingham, 
and Huntingdon, every or any of them 
which were late the feveral Eftatcs of Ri- 
chard HoJditchy Francis Hawes, William 
AJlell, and Robert Knight Efqrs; or fomc 
of them, and which I lately purchafed to me 
and my Heirs, of and from the Truftees for 
the Sale of the Eftates of the late Dire&ors 
of the South Sea Company, under the Ad: 
of Parliament, in that behalf made and patted 
in the 7th Year of the Reign of his late 
Majefty King George the Firft. 

And alfo all and every my Manors, 
Advowfon, Meffuages, Lands, Tenements, 
Tythes, and Hereditaments in the faid County 
of Buckingham, which were late the Eftatc 
of Richard Hamfden Efq; deceafed. 

And alfo my Manor, Rectory, Advowfon, 
Meffuages, Lands, Tythes, 'and Heredita- 
ments in the faid County of Buckingham^ 

which 



( 3 ) 

which were late, or fome time the Eftate of 
Sir John Wittewronge Bart, deceafed j and 
my Manor, or reputed Manor, Capital 
MefTuage, and Freehold Mefluages, Lands, 
and Hereditaments in the fame County, 
which were late, or fome Time the Eftate of 
Sir 'Thomas Tyrrel Bart, deceafed. 

And alfo my Manor, Capital Mefluage, 
and Freehold and Copyhold Mefluages, Lands, 
Tenements, and Hereditaments in the County 
of Bedford, which were late the Eftate of 
Sir John Meres Knight, (and which Copy- 
hold Premises I have furrendered to the Ufe 
of my Will.) 

And alfo my Freehold and Copyhold Mef- 
fuages, Lands, Tenements, and Heredita- 
ments in the faid County of Bedford, which 
were late the Eftate of Bromfall Ihrock- 
morion Efqj (and which Copyhold Premif- 
fes I have furrendered to the Ufe of my 
Will.) 

And alfo my Manors, Capital MefTuages, 
and other MefTuages, Lands, Tenements, 
and Hereditaments in PofTeflion, and in Re- 
verfion, in the faid County of Bedford, which 
were late the Eftate of Edward Snagg Efqj 

And alfo my Rectory and Tythes of Ste- 
venton in the faid County of Bedford, which 
were late the Eflate of Peter Floyer Efq; 

And alfo my Lands and Hereditaments in 

the faid County of Bedford, which were Jate 

B 2 the 



( 4 ) 

the Eftate of Jchn Culliford, and Mary his 
Wife, or one of them. 

And alfb my Manor, Meffuages, Farms, 
Lands, and Hereditaments in the County of 
Etrks y which were late the Eftate of Richard 
Jones Efq; and William Jones his Son, or 
one of them. 

And alfo my Manor, Capital Meffuage, 
and other Meffuages, Advowfon, Farms, 
Lands, Tenements, and Hereditaments in the 
faid County of Berks, which were late the 
Eftate of Robert Packer Efq; 

And alfo my Meffuage, L?nds, and Here- 
ditaments in the faid County of Berks t 
which were late the Eftate of Thomas Bed- 
ford Clerk, and Temperance Bedford his 
Mother pr one of them. 

And alfo my Manor, Mcffuage, Farm, 
Lands, and Hereditaments in the faid Coun- 
ty of Oxford, which were late the Eftate of 
Sir Cecil Bifiop Bart. 

And alfo my Manors, or reputed Manors, 
Capital MelTuages, Rectory, Advowfons, 
Mcfiuages, Lands, Tenements, Tythes, and 
Hereditaments in the County of Northamp- 
ton, which were late the Eftate of Mrs. Eli- 
zabeth Wifeman, (except luch Part of one of 
the faid Eftates as I have fold to Humphry 
Bradford Clerk.) 

And alfo my Manor, or reputed Manor, 
Capital Meffuage, Advowfon, Park, Lands, 
Tenements, and Hereditaments in the faid 

County 



( 5 ) 

County of Northampton, which were late 
the Eftate of Sir William Norwich Bart. 

And alfo my Manor, Capital Meffuage, 
Advowfons, Park, Lands, Tenements, and 
Hereditaments in the faid County of North- 
ampton, which were fometime the Eftate of 
Nathaniel Lord Crew, Lord Bifhop of Dur- 
ham, dcceafed. 

And alfo all that my Eftate late or fomc 
time of Mr. Robotham, in or near St. Al- 
bans in the County of Hertford, (except 
fuch Part thereof as by Indenture, bearing 
Date on or about the fecond Day of June 
1736, I have among other Things bargain'd 
and fold unto Daniel Earl of Winchelfea 
and Nottingham, Sir Thomas Reeve Knt. 
fince dcceafed, Walter Plummer of Caven- 
difo Square in the County of Middlefex> 
Efq; and James Stephens of the City of 
IPcftminJler, (Doclor in Phyfick.) 

And alfo my Manors, Capital MefTuage, 
and other Meffuages, Advowfons, Lands, 
Tenements, Tythes, and Hereditaments, 
Freehold and Copyhold, in the County of 
Stafford, which were late the Eftate of Tho- 
mas Lord Vifcount Fauconberg, (and which 
Copyhold Prcmiffes I have furrendered to the 
Ufcofmy Will.) 

And alfo my Manor, Right of Patronage, 
Capital MeflTuage, and other Meffuages, 
Lands, Tenements, and Hereditaments, Free-j 
hold and Copyhold, in the County of Nor- 
folk, 



( 6 ) 

folk y which were late the Eftate of Gabriel 
Armiger Efq; and which Copyhold Pre- 
mifles I have furrendcred to the Ufe of my 
Will. 

And alfo my Manor, or reputed Manor, 
Rectory, Tythes, Mefluages, Farms, Lands, 
Tenements and Hereditaments in the County 
of Leicefter, and the faid County of 
Northampton, which were late the Eftate of 
Sir Thomas Cave Bart, and Dame Eliza- 
beth his Wife, or one of them : (But the faid 
Manors, MelTuages, Lands and Heredita- 
ments in the Counties of Bedford and Hun- 
tingdon, which were late the Eftates of Sir 
John Meres Knt. and William Aflell Efq; 
are to be fubject neverthelefs, and charged 
as the fame are made fubjccl, and charged by 
Indenture of Settlement, dated the 1 3th Day 
of February in the Year of our Lord 1733. 
made previous, and in order to the Marriage 
of my Grandfon John Spencer Efq; with 
Georgina Carolina, his now Wife, Daughter 
of John Lord Carter et) And all other my 
Manors, and Freehold and Copyhold Mef- 
fuages, Lands, Tenements and Hereditaments 
whatfocver, in the faid feveral Counties of 
Surry, Oxford, Huntingdon, Buckingham, 
Bedford, Berks, Northampton, Hertford, 
Stafford, Norfolk, and Leicefter, every, or 
any of them, or elfewhere, with their Ap- 
purtenances, not by me other wife difpofed 
of, To have and to bold the faid Manors, 

Rectories, 



( 7 ) 

' Rectories, Advowfons, Mcfluagcs, Farms, 
Lands, Tenements,Tythes, Hereditaments and 
Premifles herein before devifed or mentioned 
ib to be, with their Appurtenances, (except 
before excepted) unto the faid Hugh Earl of 
Marchmont, Beverftam Filmer, and their 
Heirs for ever ; To the Ufe of them and their 
HcirSj^upon the Trufts, and under and fub- 
jcct loathe Powers, Provifocs, and Limita- 
tions herein after cxpreflcd and declared of 
and concerning the fame ; that is to fay, In 
f ^LJ^A. J?l ace * to the Jntcnt_and Porpofe 
that John Spencer, the Son of my faid 
Grandfon John Spencer, may have, receive, 
and take annually, from the Time that he 
fhall have attained the Age of 20 Years, if his 
Father fhall be then living) for and during 
the joint natural Lives of himfelf, and his 
faid Father, one Annuity, or yearly Rent- 
Charge of 2ooo/. of lawful Money of Great- 
Britain , to be ifToing and going out of and 
charged upon the fame Premises, and every 
Part thereof j the fame to be paid by equal 
quarterly Payments at the four moft ufual 
Fcafts, or Days of Payment in every Year ; 
that is to fay, the Feafts of the Annunciation 
of the blefTed Virgin Mary, of the Nativity of 
St. John the Baptift, of St. Michael \ht Arch- 
angel, and of the Birth of our Lord Chrift, 
without any Deduction or Abatement there- 
out, for or by reafon of any Taxes, Charges, 
or Impositions impofcd, or to be impofcd, 

by 



( 8 ) 

by Authority of Parliament, or otherwife 
howfoevcr : And if the fame, or any Pare 
thereof, ihall be behind and unpaid by 
the Space of Twenty Days next after any 
of the faid Feafts or Days of Payment 
in the Year, on which the fame ought 
to be paid as aforefaid, (being lawfully 
demanded) that then and fo often it ihall 
and may be lawful to and for the faid John 
Spencer the Son, during the joint Natural 
Lives of himfelf and his faid Father, into 
and upon the fame Manors, Mefluagcs, Lands, 
Tenements, and Hereditaments chargeable 
therewith, or any of them, or any Part 
thereof, to enter and diftrain for the fame j 
and the Diftrefs and Diftreflcs then and there 
found, to detain and keep until he {hall be 
fully paid and fatisfied all fuch Arrearages, 
with Colts and Charges, in and about the 
making and keeping thereof. And in Cafe 
the faid Annuity, or Yearly Rent-Charge of 
20oo/. or any Part thereof, mall be behind 
and unpaid for the Space of 40 Days, next 
over or after any of the faid Days of Pay- 
ment, whereon the fame ought to be paid 
as aforefaid ; That then and fo often it Ihall 
and may be lawful to and for the faid John 
Spencer the Son, during the joint Natural 
Lives of himfelf and his faid Father, into 
all and fingular the laid Manors, Meffuages, 
Lands, Tenements, and Hereditaments charg- 
ed therewith as aforeiaid, or any Part thereof, 

to 



( 9 ) 

to enter ; and the Rents, IfTues and Profits 
thereof, to receive and take, until he there- 
with and thereby, or by the Perfori or Per- 
fons who fhall be then entitled to the im- 
mediate PoffefTion of the faid Manors, Mef- 
fuages, Lands, Tenements, and Heredita- 
ments, be paid and fatisficd the fame and 
every Part thereof; and all the Arrears thereof 
incurred before, and that fhall incur during 
fuch Time as he {hall receive the Rents, If- 
fues, and Profits thereof, or be intitled to 
receive the fame, by Virtue of fuch Entry to 
be made as aforcfaid, together with his Cofts, 
Damages, and Expcnces laid out and fuftain- 
ed, by reafon of the Non-payment thereof, or 
any Part thereof. 

- And whereas the late Duke of Marlbo- 
1 rough hath by his Will impowered and di- 
rected his Truftces in the faid Will named, 
and Survivors and Survivor of them, 
and the Heirs and Affigns of fuch Survivor, 
on the Birth of each, and every Son then 
after to be born of Charles Spencer, (now 
Charles Duke of Marlborough) and of 
others in the faid Will named by Deeds 
attefted by two or more credible Wit- 
neffes, to revoke and make void the re- 
fpeclive Ufes limited to fuch refpectivc Sons 
in Tail Male, and in lieu thereof to limit the 
Premiflcs in the iaid Will mentioned (except 
C as 



as therein is excepted,) to the Ufe of fuch 
Sons for their Lives, without Impeachment 
of Waftc, with immediate Remainders 
to the refpective Sons of fuch Sons feveral- 
ly and refpcctively in Tail Male, according 
to the Seniority of fuch Sons. 

And the Court of Chancery having been 
applyed to for Directions in this Matter, but 

; not having as yet given any : And I being 
minded to prcferve, as far at in me lieth, the 

\ Remainders in the faid Duke of Marlborwr&i 
Will limited, from being defeated or bar- 

, red, do therefore to that Intent and Purpofe 
direct, that the faid Hugh Earl of March- 
mont and Beverftam Filmer, and the Survivor 
of them, and the Heirs of fuch Survivor, do 
and fhall out of the Rents, Iffues and Pro- 
fits of the Premises fo limited to them as 
aforefaid, raife and pay the clear yearly Sum 
of three thoufand Pounds over and above all 
Deductions for or by reafon of any Taxes, 
Charges, or Impofitions impofed, or to be 
impcfed by Authority of Parliament, or 
other wife howfoever, by four equal Quarter- 
ly Payments at the aforefaid Feafts, to and 
for the Ufe of fuch of the Sons or Grand- 
fons of the faid Charles Duke of Marlbo- 
borough born, or to be born, as ihall fuccef- 
fively for the time being be next and im- 
mediately intuled as Tenant in Tail in Re- 
mainder, 



( II ) 

mainder, after the Death of the faid Charles 
Duke of Marlborougb, to the Eft ate of "John 
late Duke of Marl&orougb, by Virtue of his 
Will, which faid Annuity, or yearly Sum 
fhall commence, and be paid to fuch Son or 
Grandfon for the time being, from and after 
his attaining the Age of twenty Years, du- 
ring the joint Lives of the faid Charles Duke 
of Marlborough^ and fuch Son or Grandfon 
for the time being. 

Provided neverthelefs, that if any fuch 
Son or Grandfon intitled to fuch Annuity, 
or yearly Payment as aforefaid, fliall, during 
the Life of the faid Charles Duke of Marl- 
borough^ do, or fuffcr, or convenant, or agree 
to do, or fuffer any Act, whereby, all or any 
of the Eftat.cs, Remainders, Limitations, or 
Ufes in the faid late Duke of Marlborougtis 
Will declared, or exprefled, may be defeated, 
or barred ; then, and in fuch Cafe, the An- 
nuity, or yearly Sum of three thoufand 
Pounds hereby limited, fhall from thence- 
forth for ever ceafe, and be void, not only 
in refpect to the Son or Grandfon of the faid 
Charles Duke of Marlborough^ doing, or fuf- 
fering fuch Act as aforefaid, but in refpect to 
every other Son and Grandfon of the laid 
Charles Duke of Marlborough. 

Provided alfo, and it is my Will, That if 

any Son of the faid Charles Duke of Marl- 

C 2 borough 



borough fhall become intitled to the faid An- 
nuity in PofTeffion, by Virtue of this my 
Will, and fhall in the Life-time of the faid 
Charles Duke of Marlborough marry, and 
attain his Age of twenty one Years, and fhall 
not have done, or fuffered or agree to do, 
or fuffer any Adi whereby the faid Annuity 
hereby to him limited, is by this my Will 
to ccafe, or be void j then and in fuch Cafe, 
it (hall, and may be lawful to and for fuch 
Son in the Life-time of the faid Charles 
Duke of Marlborough, by any Deed duly 
executed, and attefted by three or mere cre- 
dible Witncfles, with the Confent of the faid 
Hugh Earl of Marchmont and Beverfiam 
Filmer, or the Survivor of them, or his 
Heirs, fignified by their, or his fealing, and 
executing of fuch Deed, to limit, or appoint 
to be paid out of my faid Eftates charged 
with the faid Annuity, or Payment of three 
thoufand Pounds yearly, an Annuity or 
yearly Payment, not exceeding fifteen hun- 
dred Pounds per Ann. clear of all Taxes and 
Charges, to be paid by fuch quarterly Pay- 
ments as aforefaid, to any Woman with 
whom he mail intermarry, to hold the faid 
Annuity from and after her Hufband's Death, 
during her Life. 

Provided always, That if fuch Son of the 
faid Charles Duke of Marlbortugh, who 
fhall make fuch Appointment, fhall afterwards 

happen 



( '3 ) 

happen to furvive the faid Charles Duke of 
Marlborougb, then, and in fuch Cafe the 
faid Appointment of fuch Annuity for fuch 
Woman {hall be void, and the faid Annuity 
fhall not take place. 

Provided alfo, and it is my Will, That 
my faid Eftates mall never be chargeable 
with the Payment of more than one fuch 
Annuity, as a Provifion for any fuch Wo- 
man, at one and the fame time. 

And as to ail my faid Manors, Lands, 
Tenements, Hereditaments, and PremifTes 
herein before devifed to my faid Truftees 
Hugh Earl of Marchmont and Beverjham 
Filmer, fubjetf to the faid Annuities, Pow- 
ers, and Provifions herein before mentioned ; 
/ ivilf, direct and devife the fame to be in 
'Trufl for my faid Grandfon ^ohn Spencer, 
and his Affigns, for, and during the Term 
of his Natural Life, without Impeachment 
of Wafte, and from and after the Deter- 
mination of that Eflate, to the Ufe of the 
faid Hugh Earl of Marchmont and Bever- 
fljam f timer > and their Heirs during the Na- 
tural Life of the fame John Spencer - t in Truft 
to fupport and preferve the contingent Ufes 
and Eftates herein after limited, from be- 
ing defeated or deftroyed ; and for that pur- 
pofe to make Entries, or bring Aclions, as 

the 



( '4 ) 

the Cafe /hall require: Yet neverthelefs to 
permit and fuffer the fame John Spencer and 
his Affigns, during his Life, to receive and 
take the Rents and Profits thereof, and of 
every part thereof, to and for his and their 
own Ufc and Benefit ; and from and after 
his Deceafe, in Truft for the faid John 
Spencer, the Son of my faid Grand fon John 
Spencer, and his Affigns, for and during the 
Term of his natural Life, without Impeach- 
ment of Wafte. 

And from and after the Determination of 
that Eftate, to the Ufe of the faid Hugh Earl 
of Marcbmont, and Beverjham Filmer, and 
their Heirs, during the natural Life of the 
faid John Spencer the Son, in Truft to fup- 
port and prcferve the contingent Ufes and 
Eftates, herein after limited, from being de- 
feated or deftroyed ; and for that Purpofe to 
make Entries, or bring Adtions, as the Cafe 
fhall require: Tet neverthelefs to permit and 
fuffer the faid John Spencer the Son, and 
his Afligns, during his Life, to receive and 
take the Rents and Profits thereof, and of 
every Part, to and for his and their own Ufe 
and Benefit. 

And from and after his Deceafe, in 'Truft 
for the firfl, fccond, third, fourth, fifth, 
and all and every other the Son and Sons of 

the 



( '5 ) 

the Body of the faid John Spencer the Son, 
lawfully to be begotten, feverally, fucceffive- 
ly, and in Remainder, one after another, is 
they and every of them (hall be in Seniority 
of Age and Priority of Birth ; and the feveral 
and refpective Heirs Male of the Body and 
Bodies of all and every fuch Son and Sons 
lawfully ifluing; the Elder of fuch Sons, 
and the Heirs Male of his Body, to be always 
preferr'd, and to take before the younger of 
fuch Son and Sons, and the Heirs Male of 
his and their Body and Bodies ifTuing. 

And for Default of fuch Iflue, in Truft 
for all and every other the Son and Sons of 
the Body of my faid Grandfon 'John Spencer 
lawfully begotten, or to be begotten, fcve- 
rally, fucceffivcly, and in Remainder, one 
after another, as they and every of them 
{hall be in Seniority of Age and Priority of 
Birth, and the feveral and refpective Heirs 
Male of the Body and Bodies of all and 
every fuch Son and Sons lawfully ifluingj 
the Elder of fuch Sons, and the Heirs Male 
of his Body, to be always preferr'd, and to 
take before the Younger of fuch Son and 
Sons, and the Heirs Male of his and their 
Body and Bodies iiTuing. 

And for Default of fuch IfTue, ;/; Truft 
for all and every the Daughter and Daughters 

of 



of the Body of my faid Grandfon Join 
Spencer lawfully begotten, or to be begot- 
ten, and all and every the Daughter and 
Daughters of the Body of the faid John 
Spencer the Son lawfully to be begotten, to 
be equally divided between or among them, 
(if more than one) Share and Share alike, to 
tike as Tenants in common, and not as joint 
Tenants, and the feveral and refpec"Hve Heirs 
of the Bodies of all and every fuch Daugh- 
ter and Daughters lawfully iffuing. 

And in cafe one or more of fuch Daugh- 
ters fhall happen to die without IfTue of her 
or their Body or Bodies j Then as to the Share 
or Shares of her or them fo dying without 
IfTue, in 'Iruft for the Survivors or Survivor, 
and others or other of them, to be equally 
divided between or among them, (if more 
than one) Share and Share alike, to take as 
Tenants in common, and not as joint Te- 
nants, and the feveral and the refpective Heirs 
of the Bodies of fuch Survivors or Survivor, 
and others or other of them. And if all 
fuch Daughters but one {hall happen to die 
without Iflue of their Bodies, or if there 
fhall be but one fuch Daughter, /';/ Truft for 
fuch furviving or only Daughter, and the 
Heirs of her Body. 

And 



( '7 ) 

And for Default of fuch Iffue, then in 
Truft for fuch Perfon and Perfons, and for 
fuch Eftate and Eftates, Ufes, Intents, and 
Purpofes, as I mail by my Will, Codicil, or 
other Writing, by me to be figned in the 
Pre fence of three or more credible Wit- 
nefTes, declare, direct, limit, or appoint. 

And my Will is, That all my Houfhold 
Goods and Furniture, which, at the Time 
of my Deceafe, mall be in the aforefaid 
MefTuage in the County of Oxford^ which 
1 purchafed of Sir Cecil Bifiop Bart, fhall 
be deemed as Heir- Looms, and for ever be 
enjoyed, as far as the Law will admit, by 
the Perfon and Perfons who for the Time 
being mall be in Poffeffion of or intitled 
to the Rents and Profits of the fame Mef- 
fuage by virtue of this my Will. 

And whereas by Indenture bearing Date 
on or about the 25th Day of November, 
which was in the Year of our Lord 1729, 
the Dean and Chapter of the Cathedral and 
Metropolitical Church of Chrift, Canter- 
bury, for the Confiderations therein men- 
tioned, did leafe or grant unto me the 
Scite and Court-Lodge of the Manor of 
Agney, in the Parishes of Old Romney and 
Midley in Romney-MarJh in the County of 
Kenf, and the feveral Houfcs, Barns, Build- 
D ings, 



( 18 ) 

ings, Lands, Tenements, and Heredita- 
ments in the faid Indenture of Leafe parti- 
cularly mentioned and defcribed, All which 
were formerly the Leafehold Eftate of my 
late Mother ; hold the fame to me, my 
Heirs and Affigns, for and during the three 
Lives therein named, and the Life of the 
longeft Liver of them, fubject to the Rents 
and Covenants in the fame Leafe referved 
and contained, and which en the LeiTees 
Part are to be paid, done, and performed : 

Now I do hereby give, devife, and be- 
queath the faid Scite and Court-Lodge, 
Houfes,Barns,Buildings,Lands,Tenements, 
Hereditaments and Premiires, comprized in 
the faid Leafe 5 and all my Renewable and 
other Eftate, Term and Intereft therein : 

And alfo my Lands, Tythes, and Eflate 
in the faid County of Buckingham, which 
I hold by Leafe for Years of the City of 

Lincoln : 

And alfo all other my Leafehold E- 
ftates (except fuch of them as I fhall other- 
wife difpoie of by this my Will, or by 
any Codicil or Codicils to be by me made 
thereto) unto, and to the Ufe of the faid 
Hugh Earl of Marchmont and Beverfiam 
Filmer, their Heirs, Executors, Admini- 

ftrators, 



( 19 ) 

flratorsj and Afligns refpeftively, during 
the Continuance of the fame refpeftive 
Leafes ; In c riift neverthelefs for fuch Per- 
fon and Perfons, and for fuch Eftates and 
Interefts, and in fuch Proportions and Man- 
ner, and under and fubje<fl to fuch Powers, 
Reftric~lions, and Limitations as are herein 
before expreffed, limited and declared .or 
directed, of and concerning the faid herein 
before devifed Freehold Manors, Lands, 
and Hereditaments, as near thereto as may 
be, and the Nature of the faid feveral and 
refpeclive Leafehold Eftates will admit of: 
the End that the fame Leafehold Eftates 
and Premiffes may be held and enjoyed, 
and go along with the faid Freehold Eftates 
and Premiffes, fo long as may be and the 
Laws of England will permit. 

And my Will is, and I do hereby deflre 
and direct, that the refpeclive Leafes which 
I now have, or may have at the Time of 
my Deceafe, of and in the fard Leafehold Pre- 
mifles refpectively, (hall and may from 
Time to Time, when and fo often as Oc- 
calion (hall require (and that the fame can 
be done on reasonable and equitable Terms) 
be renewed and filled up, by and out of 
the Rents and Profits of the fame Pre- 
miffes, or fome part thereof, in the Names 
or Name of my faid Truftees, Hugh Earl 
D 2 of 



of Marchrnont, and Beverjham Filmer, or 
the Survivor of them, or his legal Repre- 
fentative. And that all new and other 
Leafes, at any Time or Times hereafter to 
be had or obtained of the fame Premifles 
refpedively, {hall at all Times then during 
the Continuance thereof, refpedtively re- 
main, continue, and be upon the likeTrufts, 
and under and fubjecl: to the like Pewers, 
Reftridrions, and Limitations, as are herein 
before expreffed, and directed, or referred 
unto, and concerning the faid feveral Leafes 
now in being, of and in the fame Premif- 
fes refpedively, or as near thereto as may 
be, and the Law of England will permit. 

Item, I do hereby give, devife, and be- 
queath unto the faid Hugh Earl of March-* 
mont and Bever/ham Filmer, their Heirs 
and Affigns, All that my Manor of Wim- 
bledon, with the Appurtenances thereof, in 
the faid County of Surry, and the Capital 
Mefiuage or Manfion-Houfe lately built at 
Wimbledon in the fame County. And all 
my Freehold MefTuages, Farms, Lands, He- 
reditaments and Eftate, in or near Wimble- 
don aforefaid, which were late the Eftate of 
Sir Theodore Janfl'en Bart, (and which I 
purchafed to me and my Heirs of the Tru- 
ilees for the Sale of the Eftates of the late 
Directors of the South Sea Company.) 

And 



( -I ) 

And alfo all my Leafehold Rectory or 
Parfonage of Wimbledon aforefaid, with 
the Houfes, Buildings, Tythes, Heredita- 
ments, andAppurtenances thereuntobelong- 
ing or appertaining, or therewith ufed, or 
enjoyed, or reputed as part thereof, (which 
faid Rectory or Parfonage, and other the 
faid laft mentioned Premifles are held of 
the Dean and Chapter of Worcejler by 
Leafe of three Lives, and were late alfo 
part of the Eftate of the faid Sir Ibeodorc 

?anffen, and were purchafed of the faid 
ruftees for the Sale of the faid late Di- 
rectors Eftates by Henry Meriton t of whom 
I lately purchafed the fame.) 

And alfo all my renewable and other 
Eftate and Intereft therein, To have and to 
hold the faid laft mentioned Manor, Capi- 
tal MefTuage, Rectory or Parfonage, Mef- 
fuages, Farms, Lands, Tenements, Tythes, 
Hereditaments, and Premifles, with their 
Appurtenances unto and to the Ufe and 
Behoof of the faid Hugh Earl of March- 
monty and BeverJ/jam Filmer, their Heirs 
and Affigns, during the Continuance of 
my feveral Eftates and Interefts in the fame 
Premifles refpectively ; Upon the Trujis, ne- 
verthelefs, and to and for the Intents and 
Purpofes, and under and fubject to the Pow- 
ers, 



( 22 ) 

ers, Reftridtions, and Limitations herein after 
mentioned and expreffed, of and concern- 
ing the fame Premiffes refpe&ively ; that is 
to fay, In Truft for my faid Grandfon 
John Spencer, and his Affigns, for and dur- 
ing the Term of his Natural Life, without 
Impeachment of Wafte, (except Wafte in 
the faid Capital Meffuage, with the Build- 
ings, Gardens, and Appurtenances thereunto 
belonging, and in the faid laft mentioned 
Leafehold Premiffes.) 

And from and after the Determination of 
that Eftate, to the Ufe of the faid Hugh 
Earl of Marchmont and Beverjbam Filtner, 
and their Heirs, during the Natural Life of 
the fame John Spencer; In Trujt, to fup- 
port and preferve the contingent Ufes and 
Eftates herein after limited from being de- 
feated or deftroyed. 

And from and after his Deceafe, In Trufl 
for the faid "John Spencer the Son, and his 
Affigns, for and during the Term of his na- 
tural Life, without Impeachment of Wafte, 
(except before is excepted.) 

And from and after the Determination of 
that Eftate, To the Ufe of the faid Hugh 
Earl of Marchmont, and Beverfoam Filmer, 
and their Heirs, during the Natural Life of 

the 



the faid John Spencer the Son ; In 
to fupport and preferve the contingent Ufes 
and Eftates herein after limited, from being 
defeated ordeftroyed. 

And from and after his Deccafe, In Try/I 
for the firft, fecond, third, fourth, fifth, and 
all and every other the Son and Sons of the 
Body of him the faid John Spencer the 
Son, lawfully to be begotten, feverally, fuo 
ceffively, and in remainder, one after an- 
other, as they and every of them mail be in 
feniority of Age, and priority of Birth ; and 
the feveral and refpedtive Heirs Male of the 
Body andBodiesof all and every fuch Son and 
Sons lawfully ifluing; the elder of fuch Sons, 
and the Heirs Male of his Body, to be always 
preferred, and to take before the younger 
of fuch Son and Sons, and the Heirs Male 
of his and their Body and Bodies ifluing. 

And for default of fuch Imae, In Truft 
for the fecond, third, fourth, fifth, and all 
and every other the Son and Sons of the 
Body of my faid Grandfon John Spencer, 
lawfully begotten, or to be begotten, feve- 
rally, fucceflively, and in Remainder, one 
after another, as they and every of them 
fhall be in Seniority of Age, and Priority of 
Birth, and the feveral and refpeftive Heirs 
Male of the Body and Bodies of all and 

every 



every fuch Son and Sons lawfully ifTuing; 
the elder of fuch Sons, and the Heirs Male 
of his Body, to be always preferred, and to 
take before the younger of fuch Son and 
Sons, and the Heirs Male of his and their 
Body and Bodies ifTuing. 

And for Default of fuch Iffue, In Trujt 
for the firlt, fecond, third, fourth, fifth, 
and all and every other the Daughter and 
Daughters of the Body of my faid Grandfon 
John Spencer, lawfully begotten, or to be 
begotten, feverally, fucceffively, and nt 
Remainder, one after another, as they and 
every of them fhall be in Seniority of Age, 
and Priority of Birth, and the feveral and 
refpective Heirs Male of the Body and Bo- 
dies of all and every fuch Daughter and 
Daughters lawfully ifTuing; the elder of 
fuch Daughters, and the Heirs Male of her 
Body to be always preferred, and to take 
before the younger of fuch Daughter and 
Daughters, and the Heirs Male of her and 
their Body and Bodies ifluing. 



And for Default of fuch Iffue, In 
for the firft, fecond, third, fourth, fifth, and 
all and every other the Daughter and Daugh- 
ters of the Body of the faid John Spencer 
the Son, lawfully to be begotten, feverally, 
fucceflively, and in Remainder one after 

another, 



another, as they and every of them {hall be 
in Seniority of Age, and Priority of Birth ; 
and the feveral and refpedlive Heirs Male 
of the Body and Bodies of all and every fuch 
Daughter and Daughters lawfully iffuing; 
the elder of fuch Daughters, and the Heirs 
Male of her Body to be always preferred, 
and to take before the younger of fuch 
Daughter and Daughters, and the Heirs 
Male of her and their Body and Bodies if- 
fuing. 



for Default of fuch Iflue, In Trujl 
for the firft, fecond, third, fourth, fifth, 
and all and every other the Son and Sons of 
the Body of the faid John Spencer the Son, 
lawfully to be begotten, feverally, fucce- 
lively, and in remainder, one after ano- 
ther, as they and every of them fhall be in 
Seniority of Age, and Priority of Birth, and 
the feveral and refpe&ive Heirs of the Body 
and Bodies of all and every fuch Son and 
Sons lawfully iffuing; the elder of fuch 
Sons, and the Heirs of his Body to be al- 
ways preferred, and to take before the 
younger of fuch Son and Sons, and the 
Heirs of his and their Body and Bodies if- 
fuing. 

And for Default of fuch IfTue, In Trujl 

\ for the fecond, third, fourth, fifth, and all 

E and 



and every other the Son and Sons of the Body 
of my faid Grandfon John Spencer lawfully 
begotten, or to be begotten, feverally, fuc- 
ceffively, and in Remainder, one after an- 
other, as they and every of them {hall be 
in Seniority of Age, and Priority of Birth, 
and the feveral and refpedlive Heirs of the 
Body and Bodies of all and every fuch Son 
and Sons lawfully iffuing j the elder of fuch 
Sons, and the Heirs of his Body to be al- 
ways preferred, and to take before the 
younger of fuch Son and Sons, and the 
Heirs of his and their Body and Bodies 
iffuing. 

And for Default of fuch IfTue, In Iriift 
\ for the firft, fecond, third, fourth, fifth, 
and all and every other the Daughter and 
Daughters of the Body of my faid Grandfon 
'John Spencer, lawfully begotten, or to be 
begotten, feverally, fuccefiively, and in 
Remainder, one after another, as they and 
every of them ft) all be in Seniority of Age, 
and Priority of Birth, and the feveral and 
refpedtive Heirs of the Body or Bodies of all 
and every fuch Daughter and Daughters law- 
fully ifiuing ; the elder of fuch Daughters, 

and 



( 27 ) 

and the Heirs of her Body to be always 
preferred, and to take before the younger 
of fuch Daughter and Daughters, and the 
Heirs of her and their Body and Bodies if- 
fuing. 

And for Default of fuch IfTue, In Trujl 
for the firfl, fecond, third, fourth, fifth, 
and all and every other the Daughter and 
Daughters of the Body of the faid John 
Spencer the Son lawfully to be begotten, 
feverally, fucceffively, and in Remainder, 
one after another, as they and every of 
them fhall be in Seniority of Age, and Prio- 
rity of Birth, and the feveral and refpe<5tive 
Heirs of the Body and Bodies of all and 
every fuch Daughter and Daughters lawful- 
ly ifTuing, the Elder of fuch Daughters, 
and the Heirs of her and their Body and 
Bodies ifTuing. 

And for Default of all fuch IfTue, In 
Truft for fuch Perfon or Perfons, and for 
.fuch Eftate and E dates, Ufes, Intents, and 
Purpofcs as I fhall by any Will, Codicil, or 
other Writing by me to be figned in the 
E 2 Prefence 



Prefencc of three or more credible Wit- 
nefTes, declare, direct, limit or appoint. 

And my Will is, That all the Honfhold 
Goods, Pictures and Furniture, that fhall 
be in my faid Capital Mefluage, Buildings, 
and Gardens at Wimbledon, at the Time of 
my Deceafe, (except fuch of them as I {hall 
otherwife difpofe of by this my Will, or 
by any Codicil or Codicils to be by me 
made thereto) fhall be deemed as Heir* 
Looms, and for ever be enjoyed as far as 
the Law will admit, by the Perfon and Per- 
fons who for the Time being fhall be in 
PofTeffion of, or intitled to the Rents and 
Profits of the fame Capital Mefluage and 
PremifTes, by virtue of this my Will. 

And my Will is, and I do hereby order 
and direct, That fo foon as conveniently 
may be after my Deceafe, my Executors 
herein after-named do caufe a perfect, true 
and exact Schedule or Inventory to be made 
and taken of all the faid Houfhold Goods, 
Pictures, and Furniture, which are to con- 
tinue and remain, and be ufed in the fame 

Capital 



Capital MefTuage, Buildings, and Gardens, 
according to this my Will. 

And that the faid John Spencer the Fa- 
ther, and John Spencer the Son, and all 
and every other Perfon and Perfons re- 
fpectively, who by virtue of this my Will 
are to have the Ufe of the faid Goods, mall 
at or before the Time of taking PcfTeflion 
thereof, give a Receipt for the fame under 
their refpecUve Hands, at the Foot of the 
faid Inventory. 

And my Will is, and I do hereby further 
order and direct, That the Leafe which I 
nqw have, or may have at the Time of my 
Deceafe, of and in the faid Re&ory or Par- 
fonage, and laft mentioned Leafehold Pre- 
mifles mall and may from Time to Time, 
when, and fo often as Occafion mall re- 
quire, (and that the fame can be done on 
reafonable and equitable Terms) be re- 
newed and filled up, by and out of the 
Rents and Profits of the fame Premises ; or 
fome Part thereof, in the Name or Names 

Of 



( 3 ) 

of my faid Truftees, or of the Survivor of 
them, his Heirs or Affigns. 

And that all new, or other Leafes at any 
time or times hereafter to be had or taken 
of the fame PremifTes, {hall at all times 
then after, during the Continuance thereof, 
refpe&ively remain, continue, and be upon 
the like Trufts, as are by me herein before 
exprefled, and declared, or directed of and 
concerning the now fubfifting Leafe of the 
fame Premises, or as near thereto as may 
be, and the Laws of JLngland will permit. 

Provided always, and my Will is, That 
it mail, and may be lawful to, and for 
my faid Grandfon John Spencer and John 
Spencer his Son refpedtively, as and when 
they (hall refpedtively come unto, and be in 
the actual Poffeffion of my faid herein be- 
fore devifed Eftates and Premises, or any 
part thereof, or be actually intitled to the 
Rents and Profits thereof, or of any part 
thereof, by Indenture under their refpective 
Hands and Seals, to demife or leafe the 
fame, or fuch part, or parts thereof, where- 
of 



( 3" ) 

of they (hall refpedtively be in the aftual 
PofTeffion, or to the Reqts and Profits 
whereof they (hall be refpeftively intitled 
(except the faid Capital Mefluage, which I 
have lately built at Wimbledon aforefaid, 
and the Buildings, Gardens, and Appurte- 
nances thereunto belonging, or to be there- 
with ufed and enjoyed) unto any Perfon, 
or Perfons, for any Term or Number of 
Years not exceeding one and twenty Years 
in PofTeffion, and not in Reversion, Re- 
mainder, or Expectancy ; fo as upon every 
of fuch Leafes there be referved, and made 
payable during the Continuance thereof re- 
fpedtively, the beft improved yearly Rent 
that can be reafonably had for the fame, 
without taking any Sum, or Sums of Mo- 
ney, or other Thing by way of Fine, or 
Income, for or in refpecl: of fuch Leafe, 
or Leafes ; and fb as none of the faid Leafes 
be made difpunifhable of Wade by any ex- 
prefs Words therein to be contained. And 
that in every of fuch Leafes there be con- 
tained a Claufe of Re-entry for Non-pay- 
ment of the Rent or Rents to be there- 
by refpe&ively referved ; and that fuch Leflee, 

and 



( 3* ) 

and LefTees, to whom fuch Leafe, or Lcafes 
mall be made* fcal and deliver Counter- 
parts of fuch Leafe, and Leafes. 

Provided always, and my Will is, 
and I do hereby exprefily declare, That in 
cafe my faid Grandfon John Spencer {hall 
at any Time after my Deceafc, on any ac- 
count whatfoever, become bound as Sure- 
ty with, or for any Perfon or Perfons 
whatfoever, unto any Perfon or Perfons, 
for any Sum, or Sums of Money, or for 
any Debt, or Debts whatfoever, of any Per- 
fon or Perfons whatfoever ; or if he, or 
any Perfon, or Perfons in Truft for him, 
fhall accept, or take from any King or 
Queen of thefe Realms, any Penfion, or 
any Office, or Employment, Civil or Mi- 
litary, (except the Rangerfhip and Office, 
or Place of Keeper of Windfor Great Park, 
and the Rangerfhip and Office, or Place 
of Keeper of the Little Park at Windfor) 
^hen, and in either of the faid Cafes, from 
thenceforth all and every the Ufes, Eilates, 
and Trufts by me herein limited, and ex- 
preffcd, or directed, of and concerning my 

feveral 



( 33 ) 

feveral Eftates hereby devifed, every, or any 
Part thereof unto, or to the Ufe of, or 
in Truft for the fame John Spencer, and 
all and every the Powers and Authorities 
to him by me hereby given, or directed 
to be given, {hall ceafe, and be void to 
all Intents and Purpofes, as if the fame 
John Spencer were actually dead : And 
then alfo, and in either of the faid Cafes, 
all and every of the fame Eftates, and the 
Rents, and the Profits thereof, (hall imme- 
diately thereupon go over, and from thence- 
forth go, be and remain to the Ufe of, 
or in Truft for fuch other Perfon or Per- 
fons, who by Virtue of this my Will would 
have been intitled to the fame, in Cafe he 
the fame John Spencer were actually dead. 

Provided always, that if the faid John 
Spencer the Son, at the Time when either 
of the faid Cafes (hall have, (if either of 
them do ever happen) fhall be under the 
Age of One and Twenty Years ; then all 
the Rents and Profits of the fame Eftates, 
until the fame John Spencer mall have at- 
tained the faid Age (except only the yearly 
F Sum 



( 34 ) 

Sam of five hundred Pounds, which (hall 
be paid thereout for the Maintenance and 
Education of the fame John Spencer] {hall 
be taken as Part of and go along with the 
Refidue of my perfonal Eftate, as the faid 
Refidue is herein after difpofed of or di- 
rected to be difpofed of. 

Provided always, and my Will is, and 
I do hereby exprefily declare, That in cafe 
the faid John Spencer the Son of my faid 
Grandfon, or any Perfon or Perfons in 
Truft for him, fliall, at any Time after my 
Deceafe, accept or take from any King or 
Queen of thefe Realms any Penfion, or any 
Office or Employment, Civil or Military, 
(except the Rangerfhip and Office or Place 
of Keeper of Windfor Great Park t and the 
Rangerfhip and Office or Place of Keeper 
of the Little Park at Windfort) Then and 
in fuch Cafe, from thenceforth all and 
every the Ufes, Eftates, and Trufts by me 
hereby limited, exprefled, or directed, of 
2nd concerning my feveral Eftates hereby 
devifed, every or any Part thereof unto or 
to the Ufe of, or in Truft for the fame 

John 



( 35 ) 

John Spencer the Son, and all and every 
the Powers and Authorities to him by me 
hereby given, or dire<5ted to be given, fhall 
ceafe and be void to all Intents and Pur- 
pofes, as if the fame John Spencer were 
actually dead. And then alfo, and in fuch 
Cafe, all and every the fame Eftates, and the 
Rents and Profits thereof, (hall immediate- 
ly thereupon go over, and from thence- 
forth go, be, and remain to the Ufe of or 
in Truft for fuch other Perfon or Perfons, 
who by virtue of this my Will would have 
been intitled to the fame, in cafe the fame 
John Spencer were actually dead. 

And whereas by Leafe from the Crown, 
bearing Date on or about the loth Day of 
July laft part, I am poffefTed of or intitled 
to All that the Capital MefTuage in which 
I now inhabit, call'd Marlborougb-Houfe, 
with the feveral Yards, Gardens, Curtilages, 
Ground, Edifices, and Buildings thereunto 
belonging, or therewith ufed, occupied, or 
enjoyed, fituate, lying, and being within or 
near the Parimes of St. James within the 
Liberty of Weflminfter, and St. Martin in 
F 2 the 



( 36 ) 

the Fields in the County of Middlefex, or 
one of them, and in and by the faid Leafe 
more particularly mentioned and defcribed, 
To hold unto me, my Executors, Admini- 
ftrators and Affigns, from the Date of the 
faid Leafe, for the Term or Terms of 50 
Years: 

Now I do hereby give and bequeath all 
my Eftate and Intereft in the faid Capital 
Mefluage and laft mentioned PremifTes 
(fubjecl: to fuch Charge thereon as is herein 
after mentioned) unto my Executors here- 
in after named, upon the Trufts follow- 
ing; that is to fay, in Tru/l for the faid 
John Spencer the Father, for fo much and 
fo long of the faid Term or Terms of 50 
Years therein as he mall live; and from 
and after his Deceafe, then in Truft for 
George Spencer Efquire, commonly called 
Marquis of BlandforJ, eldeit Son and Heir 
apparent of the faid Charles Duke of Marl- 
borough t for fo much and fo long of the 
faid Term or Terms of Fifty Years therein 
as he mail live; and from and after his 
Deceafe, in Trujl for fuch Son of the Body 
qf the faid George Spencer lawfully to be 
begotten, as (hall firil attain the Age of 

One 



( 37 ) 

One and Twenty Years, and the Executors 
and Administrators of fiich Son, for all the 
then Refidue of the faid Term or Terms 
of . Fifty Years therein ; and in the 
mean time, in Truft to permit the eldeft 
Son, for the Time being, of the Body of 
the faid George Spencer, lawfully to be 
begotten, to have, hold, and enjoy the 
fame Capital Mefluage and Premises to and 
for his and their own Ufe and Benefit. 

Provided always, That in cafe the faid 
George Spencer (hall have no Son of his 
Body lawfully begotten, who fhall live to 
attain the faid Age of One and Twenty 
Years, then In Truft for Charles Spencer 
Efq; commonly called Lord Charles Spen- 
cer, fecond Son of the faid Charles Duke 
of Marlborougb, for fo much and fo Ions; 
of the faid Term or Terms of fifty Years 
therein as he mall live. And from and af- 
ter his Deceafe, in Truft for fuch Son of the 
Body of the faid Charles Spencer lawfully 
to be begotten, as fhall firft attain the 
Age of one and twenty Years j and the Exe- 
cutors and Adminifirators of fuch Son for 
all the then Rcfiduc of the faid Term or 
Terms of fifty Years therein ; and in the 

mean 



( 38 ) 

mean time, In <Truft to permit the eldefl 
Son for the time being, of the Body 
of the faid Charles Speticer^ lawfully to 
be begotten, to have, hold, and enjoy 
the fame Capital Mefluage and Premises, 
to and for his and their own Ufe and Be- 
nefit. 

Provided always, That in cafe the faid 
Charles Spencer mall have no Son of his 
Body lawfully begotten, who fhall live to 
attain the faid Age of one and twenty Years, 
then In Truft for fuch other Son of the 
Body of the faid Charles Duke of Marlbo- 
rough y lawfully begotten, or to be begotten, 
as fhall firft attain the faid Age of one and 
twenty Years, and the Executors and Admi- 
flrators of fuch Son, for all the then Re- 
fidue of the faid Term or Terms of 50 Years 
therein. 

And in the mean Time, In ^ruft to 
permit the eldeft of fuch other Sons, for the 
Time being, of the Body of the faid Charles 
Duke of Marlborough, lawfully begotten, 
or to be begotten, to have, hold, and enjoy 
the fame Capital Mefluage, and Premises to 
and for his and their own Ufe and Benefit. 

Provided 



( 39 ) 

Provided always, That in cafe the faid 
Charles Duke of Marlborough mall have 
no other Son of his Body lawfully begotten, 
or to be begotten, who (hall live to attain 
the faid Age of one and twenty Years ; then 
In Tru/l for the faid John Spencer the Son, 
for fo much, and fo long of the faid Term 
or Terms of 50 Years therein, as he fhall 
live. 



And from and after his Deceafe, In 
for fuch Son of the Body of the fame John 
Spencer, lawfully to be begotten, as mall 
firft attain the Age of one and twenty Years, 
and the Executors and Administrators of 
fuch -Son for all the then Reiidue of the 
faid Term or Terms of 50 Years therein. 

And in the mean time, in Truft to per- 
mit the eldefl Son for the Time being, 
of the Body of the faid John Spencer, the 
Son lawfully to be begotten, to have, hold, 
and enjoy the fame Capital MefTuage and 
PremifTes to, and for his and their own 
Ufe and Benefit. 



Provided always, That in Cafe the faid 
John Spencer the Son mall have no Son 

of 



( 40 ) 

of his Body lawfully begotten, who fhall 
live to attain the faid Age of one and 
twenty Years ; then in Truft for other Son 
of the Body of the faid John Spencer the 
Father lawfully begotten, or to be begot- 
ten, as (hall firft attain the faid Age of 
one and twenty Years, and the Executors, 
and Adminiftrators of fuch Son, for all the 
then Refidue of the faid Term, or Terms 
of fifty Years therein, and in the mean time 
in Truft> to permit the Eldeft of fuch Sons 
for the time being of the fame John Spen- 
cer, lawfully begotten, or to be begotten, 
to have, hold, and enjoy the fame Capital 
MefTuage and Premifles to, and for his, and 
their own Ufc and Benefit. 

Provided always, That in Cafe the faid 
John Spencer, the Father, {hall have no 
other Son of his Body lawfully begotten, 
or to be begotten, who (hall live to at- 
tain the faid Age of one and twenty Years, 
then and in fuch Cafe, the fame Capital 
Mefluage and Premifles (hall from thence- 
forth for all the then Refidue of the faid 
Term, or Terms of fifty Years therein, be, 

g 



go and remain, in Tru/t for the Perfon, or 
Perfons, who for the time being (hall be 
intitled unto, and inherit the Honour and 
Title of Duke, or Duchefs of Marlbo- 
rough, (other than, and except the faid 
Charles Duke of Marlborough.) 

Provided always, That in Cafe my faid 
Grandfon "John Spencer, (hall at any time 
after my Deceafe, difpofe of his Eftate and 
Intereft, or any Part thereof in the faid 
Capital Me {Iuage and Premifles, or any Part 
thereof, or depart from the Poffeflion and 
Occupation of the fame, by Leafe, Sale, 
Exchange, Loan, or otherwise howfoever, 
on any Account whatfoever, (except the 
little Houfe adjoining to the Chappel, ufed 
as a French and Dutch Church, now in- 
habited by Robert Earl of Clancarty,) then 
and in fuch Cafe my Will is, and I do 
hereby order and direct, that my Executors 
herein after named, or the Survivors, or 
Survivor of them, his Executors, or Admi- 
niftrators, mall and do immediately there- 
upon fell, and difpofe of the fame Capi- 
tal Meffuage and Premifles for all the then 
G Refidue 



( 42 ) 

Refidue of the faid Term, or Terms of 50 
Years therein, for the moft Monies, and 
beft Price they can get for the fame ; and 
the Monies arifing by fuch Sale fhall be 
taken as Part of, and go along with the 
Refidue of my Perfonal Eftate, as the faid 
Refidue is herein after difpofcd of, or di- 
rected to be difpofed of. 

Provided always, That in Cafe the faid 
George Spencer, commonly called Marquis 
of Blandford> or any of his Sons, or the 
faid Charles Spencer t commonly called Lord 
Charles Spencer, or any of his Sons, or 
any other Son of the faid Charles Duke of 
Marlborough hereafter to be born, fhall at 
any time after my Deceafe, and during the 
Life of the faid Charles Duke of Marl- 
borough, difpofc of his or their Eftate and 
Intereft, or any Part thereof in the faid 
Capital Mefluage and Premises, or any 
Part thereof, or depart from the Pofleffion 
and Occupation of the fame by Leafe, Sale, 
Exchange, Loan, or otherwife howfoever, 
on any Account whatfoever (except the 
Little Houfe adjoining to the Chappel, ufed 

as 



( 43 ) 

as a French and Dutch Church, now in- 
habited by Robert Earl of Clancarty j) or if 
the faid George Spencer, commonly called 
Marquis of Blandjord, or any of his Sons, 
or the faid Charles Spencer, commonly 
called Lord Charles Spencer, or any of his 
Sons, or any other Son of the faid Charles 
Duke of Marlborough hereafter to be born, 
fhall during the Life of the faid Charles 
Duke of Mar thorough, do or fuffer, or 
covenant, or agree to do or fuffer any Adi, 
whereby all, or any of the Eftates, Remain- 
ders, Limitations, or Ufes in the faid late 
Duke of Marlborough^ Will, declared or 
exprefled, may be defeated or barred -, fhen 
and in any, or either of the faid Cafes, 
all and every the Bequefts of any Eftate, or 
Intereft whatfoevcr, of or in the fame Ca- 
pital Mefluage, called Marlborough-Houfe, 
and other the Premises hereby given or 
limited to them, the faid George Spencer t 
commonly called Marquis of Elandford, 
and his Sons, and the faid Charles Spen- 
cer, commonly called Lord Charles Spen- 
cer, and his Sons, and the other Sons of 
the faid Charles Duke of Marlborough 
G 2 hereafter 



( 44 ) 

hereafter to be born as aforefaid, fhall ab- 
folutely from thenceforth ceafe, and be void 
to all Intents and Purpofes. 

And then, in fuch Cafe, the fame Capi- 
tal MefTuage and Premiffes fhall immedi- 
ately thereupon, after the Death of my faid 
Grandfon John Spencer, go, be and re- 
main to the feveral Ufes, Trufts, Intents 
and Purpofes following ; that is to fay, in 
^Irujl for the faid "John Spencer the Son, 
for fo much, or fo long of the faid Term, 
or Terms of 50 Years therein, as he fhall 
live, in the fame manner as if all the Iffue 
Male of the faid Charks Duke of Marl- 
borough were dead. 

And from and after the Deceafe of the 
faid John Spenctr the Son, In Truft for 
fuch Son of the Body of the fame John 
Spencer lawfully to be begotten, as mall 
firft attain the Age of one and twenty Years j 
and the Executors and Adminiftrators of 
fuch Son, for all the then Refidue of the 
faid Term or Terms of fifty Years therein. 

And 



( 45 ) 

And in the mean time, In Tru/t to permit 
the elded Son for the Time being, of the 
Body of the faid John Spencer the Son, 
lawfully to be begotten, to have, hold and 
enjoy the fame Capital Meffuage dnd Pre- 
mifles, to and for his and their own Ufe 
and Benefit. Provided always, that in Cafe 
the faid John Spencer the Son fhall have no 
Son of his Body lawfully begotten, who 
fhall live to attain the faid Age of one and 
twenty Years, then In tfruft for fuch other 
Son of the Body of the faid John Spencer 
the Father lawfully begotten, or to be be- 
gotten, as (hall firft attain the faid Age of 
one and twenty Years, and the Executors 
and Adminiftrators of fuch other Son, for 
all the then Refidue of the faid Term or 
Terras of fifty Years therein : And in the 
mean time, In Trujl to permit the Eldeft of 
fuch other Sons for the Time being, of the 
fame John Spencer lawfully begotten, or 
to be begotten, to have, hold and enjoy the 
fame Capital Mefluage and Premises, to and 
for his and their own Ufe and Benefit. 
Provided always, That in Cafe the faid 
John Spencer the Father mall have no 

other 



( 46 ) 

other Son of his Body lawfully begotten, 
or to be begotten, who ihall live to attain 
the faid Age of one and twenty Years : 

Then, and in fuch Cafe my Will is, and 
I do hereby order and direct, that my Exe- 
cutors herein after named, or the Survivors 
or Survivor of them, his Executors or Ad- 
ininiftrators, fhall, and do fell, and difpofe 
of the fame Capital Meffuage and Premif- 
fes, for all the then Refidue of the faid 
Term or Terms of 50 Years therein, for 
the moft Monies and beft Price they can get 
for the fame. And the Monies arifing by 
fuch Sale, fhall be taken as Part of, and go 
along with the Refidue of my Pcrfonal In- 
flate, as the faid Refidue is herein after dif- 
pofed of, or directed to be difpofed of. 

And my Will is, and I do hereby autho- 
rize, impower, and direct my Executors 
herein after named, their Executors, and 
Adminiftrators, from time to time as Oc- 
cafion fhall require, and as they fhall think 
proper, during the Continuance of the faid 
Trufts by me herein declared, of and con- 
cerning 



( 47 ) 

cerning the faid laft mentioned Leafehold 
Premifles) to apply for, and do their En- 
deavours to renew the faid Leafe of the faid 
Capital MefTuage and other the faid laft 
mentioned Premifles ; the Cofts and Charges 
of all which Renewals, I do hereby charge 
on the fame Capital Mefluage and Pre- 
miflcs. 

And I do order and direcl, that all new 
Leafes hereafter to be obtained of the fame 
Premifles, fhall be, and be declared to be on 
the like Trufts, and fubjecl: to the like Pro- 
vifoes and Contingencies as are herein de- 
clared, of and concerning the faid now fub- 
fifting Leafe of the fame Premises, or fuch 
of the fame Trufts as fhall be then fub- 
fifting. 

And whereas I am poflefled of, or in- 
titled to another Leafe from the Crown, 
bearing Date on or about the I3th Day of 
February, 1728. for a certain Term of 
Years not yet expired, as in and by the faid 
Leafe more fully will appear: 

Now I give and devife the fame Leafe, 
and all my Eftate and Intercft thereby de- 
mi fed 



( 48 ) 

mifed to my Executors herein after named, 
In Tru/l for the Owner and Proprietor, for 
the time being, of the faid Marlboreugh- 
Houfe, to go along, and be held and enjoyed 
with the fame, and fubject to the fame Con- 
ditions and Limitations. 

And whereas I am impowered by the Duke 
of Mar /borough's Will to difpofe of fuch 
of the Goods and Furniture in Mar/borough- 
Houfe aforefaid, as are my own, though 
they were bought in his Life-time : 

And whereas there is an Inventory, 
which will fhew which of the Goods and 
Furniture in the faid Houfe are mine, (whe- 
ther bought in the faid Duke of Marl- 
borougtis Life-time, or fmce his Deceafe ;) 

Now I do hereby give and bequeath all 
fuch of the Goods, Furniture and Pidures, 
which are and (hall be my own, and which 
mall be in the faid Marttorougb-Houfe at 
the Time of my Deceafe, except fuch of 
them as I (hall otherwife difpofe of by 
this my Will, or by any Codicil or Codi- 
cils 



( 49 ) 

cils to be by me made thereto, unto my 
faid Grandfon John Spencer, his Executors 
and Adminiftrators. 

Item, I give and bequeath unto my 
faid Grandfon, Charles Duke of Marl- 
borough, his Executors and Adminiftrators, 
to and for his and their own Ufe and Be- 
nefit, all fuch Goods, Furniture and Pictures, 
as are, or mall be my own, and which 
mall be in Blenheim Houfe in Oxfordflxre 
at the Time of my Deceafe, (except fuch 
of the faid Goods, Furniture and Pictures, 
whereof I mail otherwife difpofe by this 
my Will, or by any Codicil or Codicils to 
be by me made thereto.) 

But the faid Bequeft of my faid Goods, 
Furniture, and Pictures in Blenheim Houfe 
to the faid Charles Duke of Mar /borough, 
is upon this exprefs Condition, That he do 
not remove any of the Goods or Furniture 
from Althrop Houfe, but permit the fame 
to be enjoyed by my faid Grandfon John 
Spencer, his Executors and Adminiftrators, 
(unlefs the faid Goods and Furniture in Al- 
throp Houfe {hall be of greater Value than 
H my 



( 5 ) 

my faid Goods, Furniture, and Pictures in 
Blenheim Houfe $ in which Cafe, the faid 
Duke of Marlborough may remove from 
Althrop Houfe Part of the faid Goods or 
Furniture, leaving only fo much thereof as 
fhall be equal in Value to my faid Goods, 
Furniture, and Pictures, which, at the Time 
of my Deceafe, mail be in Blenheim 
Houfe.) 

And in cafe the faid Charles Duke of 
Marlborough mall refufe to perform the 
faid laft mentioned Condition, then I give 
all my faid Goods, Furniture, and Pictures 
in Blenheim Houfe, (except as aforefaid) to 
the fame John Spencer, his Executors and 
Adminiftrators. 

And my Will is, and I do hereby or- 
der and direct, That all the Goods and Fur- 
niture, which at the Time of my Deceafe 
mall be in or about my Manfion -Houfe at 
Holywell in St. Albans, in the faid County 
of Hertford, (except fuch of them as I mall 
otherwife difpofe of by this my Will, or 
by any Codicil or Codicils to be by me 
hereafter made thereto) mall remain and 

continue 



( 5' ) 

continue there, and be always held and en- 
joyed therewith, as far as the Law will 
admit of. 

And 'whereas by Letters Patent, dated 
on or about the i8th Day of July, in the 
eighth Year of the Reign of her late Majefty 
Queen Anne ; her faid late Majefty granted 
the Rangermip and Office, or Place of 
Keeper of Windfor Great Park, and of all the 
Houfes or Lodges there ; and alfo of the 
keeping the Paddock Walk, and the Houfes 
or Lodges belonging to the fame Walk, and 
all other Profits in the faid Great Park, unto 
James Craggs, Samuel Edwards, and 
Charles Hodges Efquires, and their Heirs, 
In Trufl for me and my Heirs during the 
Lives of myfelf and Henrietta late Duchefs 
of Marlborough, and Mary Duchefs of 
Montagu, and the Life of the longefl Liver 
of us : 

Now I do hereby will, order and direct, 
That the Heirs or Affigns of the faid Sa- 
muel Edwards mall ftand fazed, pofTefTed, 
and interefted of and in the faid Rangerfhip 
and Office or Place of Keeper of the faid 
H 2 Great 



( 5* ) 

Great Park, and of and in the faid Houfes 
or Lodges there, and of and in all other 
the faid laft mentioned Premises, for and 
during all the Refidue of my faid Eftate 
and Jntereft, which {hall be to come therein 
at the Time of my Deceafe, by Virtue of 
the faid Letters Patent, In Truft for my 
faid Grandfon "John Spencer, his Heirs and 
Amgns. 

And I give and bequeath all the Goods, 
Furniture and Pictures, which mall be in 
the chief Lodge there at the Time of my 
Deceafe, (except fuch of them as I {hall 
other wife diipofe of by this my Will, or by 
any Codicil or Codicils to be by me made 
thereto) unto the fame "John Spencer, his 
Executors and Adminiftrators, to and for 
his and their own Ufe and Benefit. 

And whereas by Virtue of the faid Let*- 
ters Patent, the Heirs or AfTigns of the faid 
Samuel Edwards are feized or intitled to 
them and their Heirs, In Iruft for me and 
my Heirs, of and in the Rangermip and 
Office or Place of Keeper of the Little Park 

at 



( 53 ) 

at Windfor, and all the Lodges in the fame 
Park, during the Life of the faid Charles 
now Duke of Marlborough y (the fard Hen- 
rietta, late Dutchefs of Marlborough, and 
George Churchill Efq; the two other No- 
minees in the faid Letters Patent, named 
with refpect to the fame Premises, being 
fince dead :) 

Now I do hereby will, order, and di- 
rect, That the Heirs or Affigns of the faid 
Samuel Edwards (hall ftand lei-zed, pof- 
fefTed, and interefted, of and in the faid 
Rangermip and Office, or Place of Keeper 
of the faid little Park, and Lodges there- 
in, and of and in all other the faid laft 
mentioned Premises, for and during all the 
Refidue of my faid Eftate and Intereft, which 
fhall be to come therein at the Time of my 
Deceafe, by Virtue of my faid Letters Pa- 
tent, upon the Trufts following; that is to 
fay, In Trujl for the faid John Spencer 
the Son, for and during fo much of my 
faid Eftate and Intereft therein, as he fhall 
live. 

And 



( 54 ) 

And from and after his Deceafe, In 
for his Father, my faid Grandfon John 
Spencer, his Heirs and Affigns. 

And my Will is, that all my Goods and 
Furniture, which at the Time of my De- 
ceafe, fhall be in my Lodge in the faid little 
Park, {hall be enjoyed by the Perfon and 
Perfons, who, for the Time being, fhall be 
in PofTeffion of the faid Lodge, and other 
the faid laft mentioned Leafehold PremifTes, 
by Virtue of this my Will; and (hall, at 
the Determination of my faid Eftate and 
Intereft in the faid laft mentioned Leafe- 
hold Premiffes, go to fuch of them, the faid 
John Spencer the Son, or John Spencer the 
Father, who fhall then be in Poffeffion 
thereof, his Executors and Adminiftrators: 
And in cafe of both their Deaths before 
that Time, then to the Executors and Ad- 
miniftrators of my faid Grandfon John 
Spencer. 

I give, devife, and bequeath unto my 
Grandaughter Ifabella, Duchefs Dowager 

of 



( 55 ) 

of Manchejler, her Heirs and Afligns, all 
that my Piece of Ground, with the Mef- 
fuage thereon built, and the Appurtenances, 
in Dover-Jlreet in the County of Middle- 
Jex y and which I lately purchafed of the 
Executors and Truftees of the late Countefs 
of Weftmorland. 

I alfo give and bequeath unto the faid 
Ifabella, Duchefs Dowager of Mancbefter, 
her Executors and Adminiftrators, all my 
Goods, Chattels, and Furniture, which, at 
the Time of my Deceafe, mall be in or 
about the faid laft mentioned Mefluage and 
PremifTes. 

I give and bequeath unto the faid Hugh 
Earl of Marcbmont, Thomas Lord Bimop 
of Oxford, the faid Beverjham Filmer and 
James Stephens, their Executors and Ad- 
miniftrators, all that my Leafchold Piece of 
Ground, and the Brick MefTuage, and other 
Erections thereon built, with the Appurte- 
nances, in Gro/venor-Jtreef, in the Parifh 
of Sf. George, Hanover-Square, in the 
County of Middlefex, for all my Terra and 

Intereft, 



Jntereft, which mall be to come therein at 
the Time of my Deceafe : And all my 
Goods, Chattels and Furniture, which at 
the Time of my Deceafe fhall be in or about 
the faid MefTuage and Premiffes, upon the 
Trufts following ; that is to fay, In 'Truft, 
for the faid John Spencer the Son, his Exe- 
cutors and Adminiftrators. 

Provided always, That in cafe the faid 
John Spencer the Son {hall not live to at- 
tain the Age of One and Twenty Years, 
then In Truft for my faid Grandfon John 
Spencer, his Executors and Adminiftra- 
tors. 

Item, I do hereby make, conftitute, and 
appoint the faid Hugh Earl of Marchmont, 
the Right Reverend Father in God 'Thomas 
Lord Bimop of Oxford, BeverJJoam Filmer, 
and James Stevens, joint Executors of this 
my laft Will and Teftament : And I give 
the Sum of Two Thoufand pounds a-piece 
unto fuch of them my faid Executors as 
lhall prove this my Will, and take on them 
the Burthen and Execution thereof, and of 
the Trufts hereby in them repofed, as an 

Acknow- 



( 57 ) 

Acknowledgment for their Care and Trou- 
ble in and about the fame. 

Item, I give and bequeath unto, or in 
Truft for the fcveral and refpedtive Perfons 
\vhofe Names (hall be mentioned and ex- 
prefled in my Codicil or Codicils, to be by 
me made to this my Will, or in any other 
Writing or Writings fubfcribed by me, 
and attefted by two or more credible Wit- 
nefles; the feveral and refpeclive Legacies, 
Sums of Money, Annuities, Things, and 
Bequefts, which in and by fuch Codicil or 
Codicils, or Writing or Writings, ftiall be 
mentioned and exprefled to be by me given 
and bequeathed, or appointed unto or in 
Truft for fuch feveral Perfons refpectfvely; 
which Codicil or Codicils, or Writing or 
Writings, I will and direct (hall be, and 
be deemed and taken to be, as and for Part 
of this my lafl Will and Teftament. 

Item, As to all the Reft, Refidue, and 

Remainder of my Goods, Chattels, Stocks, 

Funds, Moneys, Mortgages, and Securities 

for Money, and all other my perfonal Eftate 

I \vhat 



( 58 ) 

whatfoever and wherefoever, and of what 
Nature, Kind, or Quality foever the fame 
be, not by me otherwife already difpofed 
of, or hereafter to be difpofed of, (after 
and fubjecl to the Payment of my juft Debts 
and Funeral Charges, and the feveral Lega- 
cies, Sum and Sums of Money, Bequefts, 
and Appointments by me given, bequeathed 
or made, or hereafter to be given, be- 
queathed or madej) I give, devife, and be- 
queath the fame and every Part thereof, 
and all my Eftate and Intereft therein, unto 
my faid Executors the faid Hugh Earl of 
Marcbrnont) Thomas Lord Bifhop of Ox- 
ford, Beverftam Filtner, and 'James Ste- 
phens, their Heirs, Executors, Adminiftra- 
tors, and Affigns refpedlivelyj upon ruft 
that they my faid Truftees and Executors, 
or the Survivors or Survivor of them, his 
Heirs, Executors, Adminiftrators or Affigns, 
{hall and do, as foon as conveniently may 
be after 'my Deceafe, fell and convert into 
ready Money all fuch Part or Parts thereof 
as (hall not confift of Moneys, or Securities 
for Money; and (hall and do call, receive, 
and get in all fuch Part and Parts thereof 

as 



( 59 ) 

as confift in Moneys, Securities for Mo- 
ney, and (hall and do thereupon, or with 
all convenient Speed then afterwards, lay 
out and invert the Moneys anting by fuch 
Sale or Sales, and to be called, received, 
and got in as is laft mentioned, together 
with all other the faid Refiduum of my faid 
perfonal Eftate, (after and fubjecl: as afore- 
faid) in one or more Purchafe or Purchafes 
of Freehold Manors, Mefluages, Lands, or 
Hereditaments of an Eftate of Inheritance 
in Fee-fimple, in fome convenient Place or 
Places within that Part of Great-Britain 
called England-, (with Liberty neverthelefs 
to purchafe, together with fuch Fee-fimple 
Eftates, any Copyhold or Leafehold Eftates 
which are neceffary or convenient to go or 
be enjoyed therewith ;) and thereupon fet- 
tle, convey, and affaire, or caufe to be fet- 
tled, conveyed, and allured, All fuch Ma- 
nors, MefTuages, Lands, or Hereditaments 
to be purchafed, as is laft mentioned, with 
their Appurtenances, To the Ufe of my 
faid Grandfon the faid John Spencer, and 
fuch other Perfon and Perfons, and in fuch 
a.nd the like Order and Manner, and to, 
I 2 for, 



( 60 ) 

for, and upon fuch and the like Eftate and 
Eftates, Ufes, Trufts, Intents and Purpofes, 
and upon and under, and fubject to fuch 
and the like Charges, Powers, Provifoes, 
Conditions, Reftrictions, and Limitations 
as are by me herein before devifed, limited, 
or declared, of and concerning rny faid Ma- 
nors, MefTuages, Lands, Hereditaments, 
and Eftate of Inheritance firft herein before 
devifed, or as near thereto as may be, and 
the Deaths of Perfons and other Contin- 
gencies will admit of. 

And I do hereby authorize and impower 
my faid Grandfonjo>6?z Spencer, as and when 
he (hall come into and be in PofTeffion of 
the faid Manors, Meffuages, Lands, Here- 
ditaments, and Eftate laft mentioned, and 
firft devifed as aforefaid, or of the Ma- 
nors, Lands, or Hereditaments to be pur- 
chafed with the faid Refiduum of my faid 
perfonal Eftate, or any Part thereof, by any 
Deed or Writing, Deeds or Writings under 
his Hand and Seal attefted by two or more 
credible Witneffes, to grant, fettle, limit, 
or appoint (if he {hall think fit) any Part 

or 



( 61 ) 

or Parts of the fame Manors, Lands, He- 
reditaments and PremifTes, (not exceeding 
what may be lett at, or worth to be lett 
at the yearly Sum of three hundred Pounds 
in the whole) unto, or to the Ufe of, or 
in Truft for the faid Georgina Carolina his 
now Wife, for her Life, in Augmentation 
of her Jointure limited to, or fettled upon 
her by the faid Indenture of Settlement of 
the 1 3th Day of February, in the Year of 
our Lord 1733, (the fame to be in full 
of what he can fettle upon her by Virtue 
of this my Will.) 



I do impower the fame yobn Spen- 
cer (in Cafe he furvive the faid Georgina 
Carolina,, his now Wife) as and when he 
mail come into, and be in Pofleffion of 
the faid Manors, Lands, or Hereditaments 
firfl herein before devifed, or of the Ma- 
nors, Lands, or Hereditaments directed to 
be purchafed with the faid Refiduum of 
my faid Perfonal Eftate as aforefaid, or any 
Part thereof, by any Deed or Writing, or 
Deeds or Writings under his Hand and 
Seal, attefted by two or more credible Wit- 

neffes, 



nefles, to grant, fettle, limit, or appoint 
any Part, or Parts of the fame Manors, 
Lands, or Hereditaments, not exceeding 
what may be lett at, or worth to be lett 
at the yearly Sum of fifteen hundred Pounds 
in the whole, unto or in Truft for, or to 
the Ufe of any Woman, or Women, with 
whom he fhall afterwards happen to in- 
termarry (either before, or after fuch Mar- 
riage) for the Life or Lives of fuch Wo- 
man, or Women, for her, or their Join- 
ture or Jointures, or in Part of Jointure. 

And I do hereby authorize, impower, 
and direct my a&ing Executors for the 
time being, from time to time, and until 
the whole of the faid Refiduum of my 
faid Perfonal Eftate (hall be laid out, and 
inverted in fuch Purchafe or Purchafes of 
Manors, Lands, or Hereditaments to be 
fettled as is laft mentioned, to depofite any 
of the Moneys belonging to, or arifing from 
my faid Refiduary Eftate, or any Part there- 
of in the Bank of England for fafe Cu- 
{tody, as and when Occafion fhall require. 
And from time to time to continue, or 

lend, 



( 63 ) 

lend, and place out the fame Moneys and 
Eftate, or any part thereof, upon Parlia- 
mentary Securities atlntereft, or in the Pur- 
chafe of Stock, or Annuities in the Bank 
of England, or of South-Sea Annuities, 
upon the Trufts aforefaid : And from time 
to time to call and receive in the Moneys 
fo depofited or lent or placed out n Se- 
curities, or to fell and difpofe of fuch Stocks 
or Annuities fe to be purchafed, as is laft 
mentioned, or any Part thereof j and again 
to depofite, lend, place out, or inveft 
the fame Moneys or any part thereof in 
manner aforefaid, as often as there mall be 
occafion, and they fhall think fit, fubjedl to 
the Trufts before mentioned, concerning the 
fame. 

And my Will is, and I hereby direct, that 
in the mean Time from and after my De- 
ceafe, and until the faid Refiduum of my 
Perfonal Eftate (hall be laid out in fuch 
Purchafe or Purchafes of Manors, Lands, 
or Hereditaments to be fettled, as is laft 
mentioned ; 



All 



All the clear Yearly Intereft and Pro- 
duce that mall be made of the fame Moneys 
and Eftate, every or any Part thereof, (hall 
from Time to Time be paid to, and re- 
ceived by fuch Perfon or Perfons, as and 
to whom the Rents and Profits of the Ma- 
nors, Lands or Hereditaments therewith to 
be purchafed asaforefaid, (if purchafed and 
fettled) would for the Time being belong 
or appertain by Virtue of this my Will, and 
the Ufes and Limitations hereby directed 
to be limited of the fame Premises, in and 
by fuch Settlement or Settlements to be 
made thereof, as aforefaid. 

And my further Will is, That they my 
faid Truftees and Executors, or any of them, 
their or any of their Executors or Admi- 
niftrators, mall not be charged or chargeable 
with, or accountable for any more of the 
aforefaid Truft Eftates, Moneys, and Pre- 
miires, than they refpedlively mall actually 
receive, or mall come to their refpecTiive 
Hands by Virtue of this my Will, nor with 
or for any Lofs which (hall happen of the 

fame 



fame Eftates* Moneys, and Premifles, or 
any part thereof, fo as fuch Lofs happen 
without their wilful Default, nor any one 
of them for the other or others of them, 
or for the Ads, Deeds* Receipts, or Dif- 
burfements of the other or others of them; 
but each of them only for his own Acts, 
Deeds, Receipts, or Difburfements. 

And alfo, that it (hall and may be law- 
ful for them my faid Truftees and Execu- 
tors, and each and every of them, their and 
each of their Executors and Adminiftra- 
tors, in the firft place, by and out of the 
aforefaid refpective Truft Eftates, Moneys, 
and Premifles, to deduct and reimburfe him 
and themfelves refpectively, all fuch Lofs, 
Cofts, Charges and Expences, as they or 
any of them (hall refpedtively fuftain, ex- 
pend, or be put unto, for or by Reafon of 
the faid feveral Trufts hereby in them re- 
pofed, in relation to the fame Eftates, 
Moneys, and Premifles refpedtively, or the 
Management and Execution thereof, or any 
other thing in any wife relating thereunto. 

K In 



( 66 ) 

In Witnefs whereof, I the faid Sarah, 
Duchefs Dowager of Marlborough, the Te- 
flatrix, have to this my Laft Will and Tefta- 
ment, contained in this and the feven pre- 
ceding Skins of Parchment, fet my Hand and 
Seal} (to wit) my Hand to the Bottom of 
each of the faid feven preceding Skins, and 
my Hand and Seal to this laft Skin 5 and my 
Seal at the Top of the firft of the faid Skins, 
where all the faid Skins are fixed together, 
the Day and Year firft above written. 

SARAH MARLBORO UGH. 

The Writing contained in this and the 
feven preceding Skins of Parchment, 
was figned and fealed by the above 
named Sarah, Duchefs Dowager of 
Mar/borough, and by her publiihed 
and delared as and for her Laft Will 
and Teftament; in the Prefence of 
us, who have hereunto fubfcribed our 
Names, as WitnefTes thereto, in her 
Prefence, and in the Prefence of 
each other. 

Fane. 

Edmund London. 
W. Lee. 
John Scrope. 

THE 



( 67 ) 
THE 

CODICIL. 



THIS is a Codicil to the Laft Will 
and Teftament of me Sarah Duchefs 
Dowager ofMar/&oroiig/j, which I duly made 
and publifhed, bearing Date the nth Day 
of Auguft Inftani, and which Will I do 
hereby ratify and confirm in all Refpecls. 

Whereas I am poflefled of, interefted in, 
or iniitled unto feveral long Annuities 
(amounting together to the yearly Sum of 
two thoufand fix hundred Pounds) payable 
out of his Majefty's Exchequer for the Re- 
fidue of feveral long Terms of Years yet to 
come: 

Now I do hereby Give and Bequeath all 
my faid Exchequer Annuities unto the Right 
Honourable Hugh Earl of Marcbmont; 
Thomas Lord Bifhop of Oxford, Bever- 
Jbam Filmer Efq; and James Stephens, 
K 2 Dodtor 



( 68 ) 

Doctor in Phyfick, (my Executors in my 
faid Will named) {heir Executors and Ad- 
miniftratbrs, upon the Trufts herein after 
cxprefled concerning the fame j that is to fay, 
upon Truft, That they my Executors, or the 
Survivors or Survivor of them,, his Execu- 
tors, or Adminiftrators, (hall and do within 
three Kalendar Months after my Deceafe, 
aflign and transfer the yearly Sum of 3oo/. 
part of my faid Exchequer Annuities, unto 
the faid James Stephens, for his own ab- 
folutc Ufe and Benefit, during all my Term 
and Intefeft therein. 

And the yearly Sum of three hundred 
Pounds, other part of my faid Annuities, 
unto Grace Ridley, for her own abfolute Ufe 
and Benefit, during all my Term and Inte- 
reft therein. 

And upon this further Truil, That they 
my faid Executors, or the Survivors or 
Survivor of them, his Executors or Ad- 
miniftrators, {hall and do pay out of my 
faid Exchequer Annuities unto the feveral 
Perfons hereafter named, for fo long of 
the feveral Terms of Years in the fame An- 
Jiuities, as they the fame Legatees fliall re- 

fpeftively 



( 69 ) 

fpedtively live, the fcveral yearly Sums fol- 
lowing; that is to fay, 

To Robert Maccarty, called Earl of Clan- 
carty, the yearly Sum of JOOQ/. 

To Elizabeth Arbor, the yearly Sum of 

200 7. 

Anne Patten, the yearly Sum of 
I30/. 

To Olive Loft, the yearly Sum of 40 7. 

To John Griffiths, the yearly Sum of 
200 /. 

To Hannafr Clarke, the yearly Sum of 

2OO/. 

To Jeremiah Lewis, the yearly Sum of 
" 



To John Dorfet, the yearly Sum of 507. 

To each of my two Chairmen, George 
Humphreys and John Robins, the yearly 
Sum of 20 /. 

To Walter Jones, the yearly Sum of 307. 
and to each of my Footmen that mall conti- 
nue in my Service to my Death, the year- 
ly Sum of 10 7. 

To Margaret Garmes, the yearly Sum of 
10 7. And to Catharine Garmes, the year- 
ly Sum of io7. 

All 



( 7 ) 

All which feveral Annuities / Will (hall 
be paid unto the faid Legatees thereof, by 
four equal quarterly Payments, on fuch 
Feafts or Days of Payment as the afore- 
faid Annuities are Payable at the Exche- 
quer, or fo foon after, as may be ; the firft 
of the faid quarterly Payments to begin 
and be made at fuch of the faid Feafts as 
{hall next happen after my Deceafe, 

And I Will and direct, That all the Re- 
fidue and Overplus of my faid Exchequer 
Annuities, as the fame mall be from time 
to time received, (over and above fo much 
thereof as fl^all be affign'd to the faid James 
Stephens and Grace Ridley refpeftively as 
aforefaid, and over and above fo much of 
the then Refidue thereof as {hall be fuffi- 
cient to pay and fatisfy fuch of the faid 
other yearly Sums as for the time being 
(hall be fubfifting and payable) (hall be paid 
to and received by my Grandfon John 
.Spencer, or fuch other Perfon, or Perfons, 
who for the time being, by Virtue of my 
faid Will, and the Settlement or Settle- 
ments thereby by me directed to be made, 
(hall be intitled to the Rents and Profits 
of the Manors, Lands or Hereditaments di- 
rected 



( 7' ) 

retted to be purchafed with the Refidue of 
my Perfonal Eftate. 

And I hereby direct my faid Executors, 
and the Survivors and Survivor of them, 
his Executors and Administrators, to pay 
and apply the faid Refidue and Overplus of 
the faid Annuities accordingly. 

I give to my faid Grandfon yohn Spencer 
All my Gold and Silver Plate whatfoever, 
which I mall not otherwife difpofe of; and 
defire he would not part therewith, but keep 
the Arms as they are upon it. 

I give alfo him all my Seals and Trinkets, 
and fmall Pieces of Japan which I fhall not 
otherwife difpofe of. 

I give to the Wife of John Spencer, now 
only Son of my faid Grandfon John Spencer, 
(if he mall live to be married) my befl Dia- 
mond Pendants, which have three Brilliant 
Drops to each, and all the reft of my Jewels 
which I mall not otherwife difpofe of. And 
in cafe he dies unmarried, I give the fame 
to his Father. 

I give to my Grandaughter Mary Du- 
chefs of Leeds, my Diamond Solitaire, 
with the large Brilliant Diamond it hangs 
to : Alfo the Picture in Water-Colours of 

the 



( 7* ) 

the late Duke of Marlborougb on Horfe* 
back, drawn by Lens, which is now at 
Windfor Lodge. 

I give to my Daughter Mary, Duchefs 
of Montagu, my Gold Snuff- Box* that has 
in it two Pictures of her Father the Duke of 
Marlborough, when he was a Youth. Alfo 
a Picture of her Father covered with a large 
Diamond, and hung to a String of fmall 
Pearls for a Bracelet, and two enamelled 
Pictures for a Bracelet of her Sifter Sunder~ 
land and her Sifter Brldgewater. 

I give to Thomas Duke of Leeds 30007. 

J give to my Niece Frances Lady Dil- 
lon IOOO/. 

I give to Philip Earl of Chejlerfield, 
out of the great Regard I have for his Me- 
rit, and the infinite Obligations I have re- 
ceived from him, my beft and largeft bril- 
liant Diamond Ring, and the Sum of 
20,00 o/. 

I alfo give to William Pitt of the Pa- 
rim of St. James within the Liberty of 
Weftminfter Efq; the Sum of 1 0,000 /. 
upon Account of his Merit in the noble De- 
fence he made for the Support of the 

Laws 



( 73 ) 

Laws of England, and to prevent the Ruin 
of his Country. 

/ give to Mr. Burroughs, Mafter in 
Chancery, the Sum of 200 /. to buy a 

Ring. 

I give to the faid Hugh Earl of March- 
mont, Thomas Lord Biftiop of Oxford, 
Beverfljam Filmer and James Stephens, 
over and above what I (hall have refpedtively 
given them in my faid Will, and by this 
Codicil, the Sum of 500 /. a-piece, to buy 
them Rings. 

/ give to the faid Robert Maccarty, 
called Earl of Clancarty, over and above 
what I have hereby already given him, the 
Sum of iooo/. 

And whereas John Earl of Stair owes 
me the Sum of iooo/. upon Bond: And 
whereas his Wife bought fome things for 
me in France, and always declined letting 
me know what they cod ; I defire the faid 
Earl of Stair to pay my Lady Stair what me 
fo laid out for me, out of the Principal Money 
L and 



( 74 ) 

and Intereft due on the faid Bond, and the 
Remainder of the Principal and Intereft I 
defire him to accept of. And I direft the 
faid Bond to be delivered up to him. And 
as to any Sum or Sums of Money, which 
by my Account with the Bank, or by any 
Memorandums of mine, the faid Earl may 
appear to have received of me, (for which, 
as I took no Security, there is no Evidence 
but his own Letters) I direct that no De- 
mand be ever made for the fame. 

I give to the Right Honourable Juliana 
Countefs of Burlington, my Bag of Gold 
Medals, and the Sum of iooo/. to buy a 
Ring in Remembrance of me, or whatever 
other thing flic pleafes. 

I give to the Duchefs of Devon/Jure my 
Box of travelling Plate. 

/ alfo give to the faid James Stephens, 
over and above what I have already given 
him by my faid Will and this Codicil, the 
Sum of 130007. what I give him being 
not only in Consideration of his faithful 
paft Services for many Years, but in Con- 

fideration 



( 75 ) 

lideration of what he is yet to do, as ray 
Truftee and Executor, and as Truftee for 
my faid Grandfon John Spencer, and his 
IfTue j and in Confidence that he will per- 
form the Trufts repofed in him, by making 
a true Account of what my Effects are in, 
and in difpofing of my Books and Papers, 
in fuch manner as I mall direct in a Letter to 
my Executors. 

And I alfo will and direct, that as a fur- 
ther Compenfation to the faid James Ste- 
phens, for the great Trouble he will have 
in and about what he is by my faid Will, 
and hereby willed and directed to do, that 
the yearly Sum of 3007. be paid unto him 
during his Life, by half-yearly Payments, 
clear of all Deductions, out of the Income 
of my perfonal Eftate, until the Refidue 
thereof mall be inverted in Lands, accord- 
ing to my Will. And that afterwards the 
fame 3oo/. yearly, clear of all Deductions, 
be continued and paid unto him, out of the 
Rents and Profits of the Eftates to be pur- 
chafed with my faidrefiduaryperfonal Eftate, 
over and above all other Gifts to him given 
pr devifed by my faid Will, or this Codicil. 

L2 / 



( 76 ) 

/ give to the faid Grace Ridley, (over 
and above the Sum of icoo/. which I have 
given a Security by Bond to pay her at my 
Death, which Bond at prefent is either mi- 
laid or loft, over and above what I have 
already given her in this Codicil) the Sum of 
I5OOO/. I alfogrve her the enamelled PockeU 
Picture of the late Duke of Marlborough) 
and the little Picture of the faid Duke made 
up in a Docket, and my own Picture 
drawn by Sir Godfrey Kneller, which is 
only a Head, (and which is now at Marl- 
borough-Houfe) and my Striking Watch, 
which was formerly the late Duke of Marl- 
borough's* 

I give to Ann Ridley, if her Mother 
the faid Grace Ridley (hall furvive me, the 
Sum of 30007. (which is to be paid to her 
faid Mother for the Benefit of the faid Ann 
Ridley, and her faid Mother's Receipt mall 
be a fufficient Difcharge to my Executors 
for the fame.) But if the faid Grace Rid- 
ley mall happen to die before me, then I 
give to the faid Ann Ridley the Sum of 
8ooo/. to be paid on the Day of her Mar- 
riage, 



( 77 ) 

riage, if {he (hall marry with the Confent 
of her Mother's Executors. 

But if {he (hall marry without fuch 
Confent, or {hall die unmarried, then, and 
in either of the faid Cafes, from thence- 
forth the faid Sum of 8000 /. {hall be taken 
as Part of and go along with the Refidue 
of my perfonal Eftate, as the faid Refidue 
is in and by my faid Will difpofed of, or 
directed to be difpofed of. 

And my Will is, That in the mean time, 
until the faid Ann Ridley (hall be married, 
or {hall die unmarried, my faid Executors, 
and the Survivors and Survivor of them, 
his Executors or Administrators, {hall and 
do pay for her Ufe to her Mother's Execu- 
tors, Intereft for the faid Sum of 8600 /. 
after the Rate of 4 /. per Cent, per Ann. 

I give to Mrs. Jane Pattifon my Strik- 
ing Watch, which formerly belonged to 
her Miftrefs my Lady Sunderland. 

And direct all my Clothes and Wearing 
Apparel to be valued and divided into two 

equal 



.( 78 ) 

equal Parts, and one Part or Moiety of the 
Whole I give to the faid Grace Ridley, and 
the other Part or Moiety I direft to be di- 
vided into two Parts or Shares ; and I give 
one of thofe Shares to the faid Ann Pat" 
ten> and the other to the faid Olive Lofft. 

I give to each of my Chairmen (over 
and above what mall be refpedively due to 
them at the Time of my Deceafe, and over 
and above what I have already given them 
in this Codicil) the Sum of 257. 

I give to each and every of my Servants, 
who mall be in my Service at the Time of 
my Death, (except fuch of them to whom 
I have given Bond or Annuities, or a Sum 
of Money in grofs ; and alfo except Stew- 
ards, Bailiffs, Gardeners, Park-Keepers, and 
others of the like Employment) one Year's 
Salary or Wages, over and above what 
mail be due to them refpectively at the 
Time of my Deceafe ; and to fuch of my 
Servants who mall attend at my Funeral, 
fuch Mourning as my faid Executors mall 
think fit to allow them. 

I give 



( 79 ) 
I give to the Poor of the Town of 

Wood/lock 300 /. to be distributed among 
them when I am buried. 

And whereas there is in the Clofet 
within my Bedchamber at Wimbledon, a lit- 
tle Picture of the late Duke of Marlbo- 
rough, which was given me by Mrs, Godol- 
phin-, I defire that, if I die before her, the 
faid Picture may be given her again. 

I defire that my faid Executors will let 
Mr. Richard Glover and Mr. David Mallet 
(who are to write the Hiftory of the late 
Duke of Mar /borough's Life) have the Ufe 
of fuch Letters and Papers relating to 
the faid Hiftory, as mall be found at any of 
my Houfes after my Deceafe. I believe 
there may be found many Letters from the 
late Queen Anne to the late Duke of Marl- 
borough, and from him to her Majefty, and 
perhaps fome from other Great Men of 
both Parties, which may be thought proper 
to be inferted in the faid Hiftory. Mr. Glo- 
ver 9 I believe, is a very honeft Man, and 
wimes, as I do, all the Good that can hap- 
pen to preferve the Liberties and Laws of 
England. Mr. Mallet was recommended 

to 



( So ) 

to me by the late Duke of Montrofe, whom 
I admired extremely for his great Steadinefs 
and Behaviour in all Things that related to 
the Prefervation in our Laws and the pub- 
lick Good. And I defire thofe two Gen- 
tlemen (Mr. Glover and Mr. Mallet") may 
write the faid Hiftory; that it may be made 
publick to the World how truly the late 
Duke of Marlborough wifhed that JufHce 
fhould be done to all Mankind, who, I am 
fure, left King James with great Regret at 
a Time when it's plain 'twas with Hazard to 
himfelf ; and if he had been like the Pa- 
triots of the prefent Times, he might have 
been All that an ambitious Man could have 
hoped for, by affifting King James to fettle 
Popery in England. 

And as I have been extremely obliged to 
the Earl of Chefterfield, who never had any 
Call to give himfelf any Trouble about me, 
I believe he will comply with my very 
earned Requeft, which is, That he will direct 
the two Perfons above mentioned, who are 
to write the faid Hiftory, which I am ex- 
tremely defirous fhould be done welL 

And 



( 8, ) 

AndldefirethatnopartofthefaidHiftory 
may be in Verfe, and that it may not begin 
in the ufual Forms of writing Hiftories, but 
only from the Revolution. 

And I diredt, that the faid Hiftory mall, 
before it is printed, have the Approbation of 
the faid Earl of Chejlerfeld, and of all my 
Executors, or fuch of them as mall be living 
when it is rimmed, or the major part of 
them. 

And I give unto each of them, the faid Mr. 
Richard Glover, and Mr, David Mallet, 
for writing the faid Hiftory, the Sum of 
5oo/. to be paid when the fame (hall be 
finifhed, to the Satisfaction of the faid Earl 
of Cbefterfield, and my Executors, or fuch 
of them as mall be living when it is finished, 
or the major part of them. 

And I defire, that the faid Mr. Richard 
Glover and Mr. David Mallet may have 
the Advantage of printing the faid Hiftory. 

And for the Furtherance of my Defire and 
Intention by my faid Will expreffed, to pre- 
ferve the Remainders in the faid late Duke 
of Marlborougtts Will limited, of his 
Eftates from being deftroyed, and upon the 
Conditions and Contingencies herein after 
mentioned, to make fome Provifion for the 
M Ladies 



( 8= ) 

Ladies Diana and Elizabeth Spencer, 
and Lord Charles Spencer, the younger 
Son and Daughters of my Grandfon, Charles 
Duke of Marlborough, in Cafe George, 
Marquifs of Blandford, the eldeft Son of 
the faid Charles Duke of Marlborougb, fhall 
live to attain the Age of 21 Years in his 
faid Father's Life-time ; or if he fhall die 
under the Age of 2 1 Years, for the faid Ladies 
Diana and Elizabeth Spencer, if the faid 
Lord Charles Spencer, or other the eldeft, 
or only Son of the faid Charles Duke of 
Marlborough for the Time being, intitled 
next, and immediately in remainder after the 
faid Charles Duke of Marlborough, to the 
faid late Duke's Eftate, by and under the faid 
late Duke's Will, fhall attain the Age of 
twenty-one Years in the Life-time of the 
faid Charles Duke of Marlborough: If that 
Cafe fhall happen, and fuch Son fhall not 
for the Space of five Years after his Attain- 
ment of the faid Age, do or fuffer, or agree 
to do oir fuffer any Aft whereby all or any 
of the Eftates, Remainders, Limitations, or 
Ufes in the faid late Duke of Marlborough^ 
Will declared or exprefled, may be defeated 
or barred: 

Hhen, 



Then, and in fuch Cafe, / give and be- 
queath to the faid Lord Charles Spencer, (if 
he mall not then be the eldefl or only Son 
of the faid Charles Duke of Marlborough) 
and to the faid Ladies Diana and Eliza- 
beth* or fuch of them who mall be living 
when the faid eldefl: or only Son fo next in- 
titled, mall attain his Age of 21 Years, the 
Sum of 5000 /. a-piece, to be paid to them 
refpedtively without Interefl, at the End of 
five Years after the faid eldefl or only Son fo 
intitled in Remainder to the faid late Duke 
of Marlborougtis Eflates, (hall attain his faid 
Age of 21 Years. 

But if the faid Lord Charles Spencer 
{hall happen to be fuch eldefl or only Son, 
his Legacy to ceafe, and the Legacies of 
5000 /. a-piece, only to be payable to the 
faid Ladies Diana and Elizabeth Spencer 
upon the Contingencies aforefaid. 

Provided always, and it is my Will, 
That in Cafe the faid Charles Duke of 
Marlborough fhall die before fuch his Eldefl 
or only Son fhall attain the Age of twenty- 
one Years, or if fuch Eldefl or only Son, 
who fhall attain that Age in his Father's 
Life-time, fhall within the faid Space of 
five Years after, do or fuffer, or agree to 
M 2 do 



( 84 ) 

do or fufter any AcT: for the barring or 
defeating all or any the Eftates, Remain- 
ders, Limitations, or Ufes in the faid late 
Duke of Marlborougb 's Will, or in Cafe 
the faid Lord Charles Spencer fhall then 
be the Eldeft or only Son of the faid 
Charles Duke of Marlborougb, or dead, 
and the faid Ladies Diana and Elizabeth 
Spencer fhall be then alfo dead; in each 
and every of the faid Cafes, I declare the 
Bequeft hereby made of fuch Legacies to 
the faid Younger Son and Daughters of the 
faid Charles Duke of Marlborougb to be 
null and void ; which Legacies hereby gi-* 
ven upon the Contingencies aforefaid, to the 
faid younger Children of the faid Charles 
Duke of Marlborougb, in Cafe by the A<t 
of their Elder Brother they (hall not be 
prevented from having the Benefit thereof, 
with what they will be intitled to of their 
Mother's Fortune by means of the Agree- 
ment, or Settlement made on their Father 
and Mother's Marriage may be a compe- 
tent Provifion for them. 

And whereas I have in and by my faid 
Will and Teftament given and devifed un- 
to the faid Hugh Earl of Marchmont and 
Beyer/bam Filmer, the Bulk of my Free? 

hold, 



( 85 ) 

hold, Copyhold, and Leafehold Eftates, In 
'Trujl for the feveral Perfons, and for the 
feveral Eftates, Ufes, Intents, and Purpofes 
therein particularly mentioned : And from 
and after the Determination thereof, and 
fubject thereto, In Tiruft for fuch Perfon 
or Perfons, and for fuch Eftate and Eftates, 
Ufes, Intents and Purpofes, as I mould by 
any Will, Codicil, or other Writing by me 
to be figned in the Prefence of three or 
more credible Witneffes, declare, direct, 
limit, or appoint, or to that Effect. 

And 'whereas I have by my faid Will di- 
rected the Refidue of my Perfonal Eftate, 
after Payment of and fubject to the Lega- 
cies and Gifts therein mentioned to be laid 
out in the Purchafe of Lands and Heredita- 
ments to be fettled to and for the like Ufes 
and Purpofes as the faid Bulk of my faid 
Real Eftates is by my faid Will to go unto, 
or to that Effect. 

And whereas I have alfo by my faid 
Will given and devifed unto the fame 
Truftees my Manor of Wimbledon, and my 
Freehold and Leafehold Eftates in Wimble- 
don in the County of Surrey, upon divers 
other Trufts, and fubject to divers Limi- 
tations in my faid Will contained ; and af- 
terwards 



( 86 ) 

terwards In c fruji for fuch Perfon or Per- 
fons, and for fuch Eftate and Eftates, Ufes, 
Intents and Purpofes as I mould by any 
Will, Codicil, or other Writing by me 
to be figned, in the Prefence of three or 
more credible WitnefTes declare, direct, 
limit, or appoint, or to that Effect, as in 
and by my faid Will, whereto for greater 
Certainty I refer, will appear : 

Now I do hereby ratify and confirm all 
and every the Eftates, Devifes and Limita- 
tions, Ufes, Trufts and Powers in my faid 
Will contained or fpecified, not hereby in- 
tending to revoke, vary, or alter the fame 
in any refpect whatfoever ; But intending 
only to give, devife, and bequeath fo much 
of my Eftate and Intereft: in my faid Free- 
hold, Copyhold and Leafehold Eftates and 
Lands to be purchafed with the Refidue 
of my Perfonal Eftate, as I have not al- 
ready difpofed of, in and by my faid Will. 

And to that End I do hereby, in pur- 
fuance of the Powers referved by my faid 
Will, give, devife and bequeath, fubject 
neverthelefs to the feveral Eftates, Ufes, 
Trufts, Intents and Purpofes in my faid 
Will mentioned, as the fame mall refpec- 
lively determine, my faid undifpofed Eftate 

and 



( 8; ) 

and Intereft in my faid Freehold, Copyhold, 
and Leafehold Eftates and Lands to be pur- 
chafed with the Refidue of my perfonal 
Eftate refpedively, unto and among the 
Perfons hereafter named, in manner fol- 
lowing; that is to fay, I fo give, devife, 
and bequeath unto the faid Thomas Duke of 
Leeds, his Heirs and Affigns for ever, my 
Eftate and Intereft undifpofed of by my 
faid Will, in and to my real Eftate, late, or 
fome time of Mr. Robot ham, lying in or 
near St. Albans, in the County of Hert- 
ford: And alfo in and to my Leafehold 
Eftate in Romney-Marfo in the County of 
Kent, making it my Requeft to him not to 
fell or difpofe of the Manors and Lands that 
were my late Father's or Mother's, which 
may happen to come to him: 

I give and devife to the faid Philip Earl 
of Cbefterfield, his Heirs, Executors and 
Affigns, according to the Nature of the 
Eftates refpedively, my Eftate and Intereft 
undifpofed of by my faid Will, in and to 
my Manor of Wimbledon in the County of 
Surry, and all my Freehold and Leafehold 
Lands and Hereditaments at Wimbledon a- 
forefaid: And alfo in and to my Manor, 
Lands and Hereditaments in the County of 

North- 



( 88 ) 

Northampton, late the Eftate of Sir Wil- 
liam Norwich Bart. And alfo in and to 
my Manor, Lands and Hereditaments in the 
County of Surry, late the Eftate of Richard 
Holditch Efq; And it is my Defire, that 
the Furniture of Wimbledon Houfe go to 
the faid Earl of Chefterfield therewith, in 
cafe the faid Eftates at Wimbledon mall 
happen to belong to him by virtue hereof. 

/ give and devife to the faid Robert 
Maccarty, called Earl of Clancarty, his 
Heirs and Affigns for ever, my Eftate and 
Intereft undifpofed of by my faid Will, in 
and to all my Manor, MeiTuage, Lands and 
Hereditaments in the County of Bucking- 
ham, late the Eftate of Robert Knight Efq; 

To the faid William Pitt, his Heirs, Exe- 
cutors and Affigns for ever, according to 
the Nature of the Eftates refpeclively, my 
Eftate and Intereft undifpofed of by my faid 
Will, in and to all and every my Manors, 
Advowfon, Meffuages, Lands, Tenements, 
Tythes and Hereditaments in the faid County 
of Buckingham, which were late the Eftate 
of Richard Hampden Efq; deceafed; and 
in and to my Manors, Advowfons, Lands 
and Hereditaments, Freehold, Copyhold and 
Leafehold, in the County of Stafford, late 

the 



the Eft ate of Thomas Lord Vifcount Fau- 
conbergy and in and to my Manor, Ad- 
vowfons, Park, Lands, and Hereditaments 
in the County of Northampton, fome time 
the Eftate of Nathaniel Lord Crew, Lord 
Bifhdp of Durham deceafed. 

And to Bijhop Efq; my 

Godfon, Son of Sir Cecil Bijhop Bart, his 
Heirs and Affigns for ever, my Eftate and 
Intereft undifpofed of by my faid Will, in 
and to my Manor, Lands and Hereditaments 
in the County of Oxford, late the Eftate of 
the faid Sir Cecil Bijhop hi* Father, defiring 
the Furniture of my Dwelling-houfe there 
may go along therewith. 

I likewife give and devife to the faid Hugh 
Earl of Marchmont, his Heirs and Affigns 
for ever, my Eftate and Intereft undifpofed 
of by my faid Will, in and to all that my 
Manor, Re&ory, Advowfon, Capital Mef- 
fuage, Meffuages, Lands, Tenements,Tythes 
and Hereditaments in the faid County of 
Biukingbam, late the Eftate of Sir 'John 
Witteronge Baronet. And alfo in and to 
my Manor, or reputed Manor, and my 
Freehold Meffuages, Lands and Heredita- 
ments in the fame County, late, or fome 
time the Eftate of Sir Thomas TyrrelRzrt. 
N deceafed; 



( 9 ) 

deceafedj and in and to my Leafehold 
Eftates therewith enjoyed for the Refiduc 
of the Term that mall happen to be therein. 

/ alfo give and devife to the faid Thomas 
Lord Biihop of Oxford, his Heirs and Af- 
figns for ever, my Eftate and Intereft un- 
difpofed of by my faid Will, in and to my 
Manor and Capital Meffuage, and Freehold 
and Copyhold Mefluages, Lands, Tene- 
ments and Hereditaments in the County of 
Bedford, late the Eftate of Sir John Meres 
Knt. 

And to the faid Beverjham Filmer, his 
Heirs and Afiigns for ever, my Eftate and 
Intereft undifpofed of by my faid Will, 
in and to my Manor, Mefluages, Lands, 
Tenements, Tythes, Rents and Heredita- 
ments in the Counties of Leicefter and 
Northampton, late the Eftate of Sir Thomas 
Cave Bart, and Dame Elizabeth his Wife, 
or one of them. 

And to the faid Dr. James Stephens, 
his Heirs and Afligns for ever, my Eftate 
and Intereft undifpofed of by my faid Will, 
in and to all my Manor, Mefluages, Ad- 
vowfons, Farms, Lands, Tenements and 
Hereditaments in the County of Berks, 
late the Eftate of Robert Packer Efq; and 

in 



( 9' ) 

in and to my Manor, MefTuages, Lands and 
Hereditaments in the fame County, late 
the Eftate of Richard Jones Efq ; and Wil- 
liam Jones his Son, or one of them, and 
in and to my Meffuage, Lands and Heredi- 
taments in the fame County, late the Eftate 
of Thomas Bedford Clerk and Temperance 
Bedford his Mother, or one of them ; and 
in and to my Manor, Mefluages, Lands and 
Hereditaments in the County of Hunting" 
don, late the Eftate of William Aftel 
Efq; 

And to my faid Grandfon John Spen- 
cer, his Heirs, Executors and Affigns for 
ever, according to the Nature of the Eftates 
refpectively, my Eftate and Intereft undif- 
pofed of by my faid Will, in and to all 
thofe my Manors, Lands, Tenements, Rec- 
tories, Ty thes and Hereditaments, Freehold, 
Copyhold, andLeafehold,in the Counties of 
Norfolk, Bedford, Oxford and Northamp- 
ton, which were formerly the Eftate of 
Gabriel Armiger Efq; Peter Floyer, Fran- 
cis Hawes, Edward Snagg, and Bromfall 
'Throckmorton, Efqrs. and Mrs. "Elizabeth 
Wifeman, and John Culliford and Mary 
his Wife, every, any, or either of them. 

And 



And alfo my Eftate and Intereft undif- 
pofed of by my faid Will, in and to all 
other my Manors, Lands, and Heredita- 
ments not by this Codicil otherwife given 
or devifed. And alfo my Eftate and Inte- 
reft undifpofed of by my faid Will, in and 
to the Lands and Hereditaments to be pur- 
chafed with the Refidue of my perfonal 
Eftate : All which Devifes of my faid un- 
difpofed Eftate and Intereft in my faid real 
Copyhold and Le.afehold Eftates, and in 
and to the Lands to be purchafed with the 
Refidue of my perfonal Eftate by this Co- 
dicil, unto the feveral and refpeclive De* 
vifees therein named, and to take Effect 
only by way of Remainder, and fubjecl and 
without Prejudice to the faid feveral Ufes, 
Interefts, and Purpofes in my faid laft Will 
and Teftament mentioned. 

In Witnefs whereof, I have to this my 
Writing, contained in this and three pre- 
ceding Skins of Parchment, (which I de- 
clare to be a Codicil to my laid laft Will 
and Teftament, and which is to be accepted 
and taken as Part thereof) fet my Hand 
and Seal ; to wit, my Hand to the Bottom 
of each of the faid three preceding Skins, 

and 



( 93 ) 

and my Hand and Seal to this laft Skin, 
and my Seal at the Top of the firft of the 
faid Skins, where all the faid Skins are fixed 
together, this 1 5th Day of Auguft in the 
Year of our Lord 1744. 

SARAH MARLBOROUGH. 

The Writing contained in this and the 
three preceding Skins of Parchment, 
was Signed and Sealed by the above 
named Sarah, Duchefs Dowager of 
Marlborough, and by her publifhed 
and declared as and for a Codicil to 
her Laft Will and Teftament, in the 
Prefence of Us who have hereunder 
fubfcribed our Names as Witnefles 
thereto, in her Prefence, and in the 
Prefence of each other. The Word 
Ten in the 4oth Line of the firft 
Skin, being firft written on a Rafure 
from a Miftake in the Sum given to 
Mr. Pitt for a Legacy : 

Sandwich. 
Geo. Heathcote. 
Henry MarfoalL 
'Richard Hoare. 

Proved at London, before the Worfliipful 
John Bettefivortb, Do&or of Law, Mafter 

Keeper 



( 94 ) 

Keeper or CommifTary of the Prerogative 
Court of Canterbury, on the Second Day 
of November, 1744. by the Oaths of the 
Right Honourable Hugh Earl of March' 
mont, Thomas Lord Bifhop of Oxford, 
Belter/ham Filmer, and James Stephens, 
the Executors. 



FINIS. 




J 



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